Station Associates, Inc. v. Dare County

513 S.E.2d 789 (N.C. 1999)

Facts

Etheridge conveyed the land in question to the United States by deed in 1897. According to the deed, the U.S took possession of the land and established a lifesaving station on the property. The Coast Guard eventually took over the property, and in 1989, the Coast Guard abandoned the station. On July 17, 1992, the U.S. quitclaimed its interest in the property to Dare County. Ps are the heirs of the original grantor, Etheridge, along with a corporation that purchased from the heirs an ownership interest in the land. Ps claimed title to the property and instituted an action against Dare County (D). The trial court granted judgment on the pleadings to D; D had title to the property in fee simple absolute. The Court of Appeals reversed; the U.S. had only been granted a fee simple determinable and that a genuine issue of fact existed as to whether a condemnation proceeding by the U.S. in 1959 extinguished Ps' reversionary interest.