Myrtle Rebekah Lodge 6 of Proctorsville v. Cavendish Library Trustees of Cavendish

726 A.2d 86, 169 Vt. 553, 1999 Vt. LEXIS 27
CourtSupreme Court of Vermont
DecidedFebruary 8, 1999
DocketNo. 97-421
StatusPublished
Cited by1 cases

This text of 726 A.2d 86 (Myrtle Rebekah Lodge 6 of Proctorsville v. Cavendish Library Trustees of Cavendish) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Myrtle Rebekah Lodge 6 of Proctorsville v. Cavendish Library Trustees of Cavendish, 726 A.2d 86, 169 Vt. 553, 1999 Vt. LEXIS 27 (Vt. 1999).

Opinion

ENTRY ORDER

Cavendish Library Trustees (Trustees) appeal a declaratory judgment by the Windsor County Superior Court that a parcel of land in the Village of Proctorsville has reverted to the Myrtle Rebekah Lodge # 6 of Proctors-ville (Lodge) because the land is no longer used for library purposes. The Trustees claim the court erred in concluding that the land has ceased to be used for library purposes and in declaring that under the terms of the deed the Lodge owns the parcel of property where the old Proctorsville Library was located. We affirm.

The facts as found by the trial court are as follows. In September 1948, the Proctors-ville Fraternal Society conveyed to the Trustees a parcel of land (Proctorsville property), without a building, in the Village of Proctorsville to provide a new location for a town library because the owner of the land where the library stood no longer wished to accommodate the library on his land. The deed provided in relevant part:

It is a further condition of this deed that the said parcel conveyed shall be used for library purposes only, and if this condition be violated, then the conveyed parcel shall revert back to and become the property of the grantor or its assigns, and the grantee, its successors and assigns shall have the right to remove any building which may have been erected thereon, and also any heating plant that may have been installed, all for its own use.

The library building was moved to the Proc-torsville property in 1948 or 1949, and the Trustees began operating its circulating library there.

The library operated continuously until July 1990, at which time the books and operations of the Proctorsville library were moved to a new library at the Cavendish Town Elementary School.

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726 A.2d 86, 169 Vt. 553, 1999 Vt. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/myrtle-rebekah-lodge-6-of-proctorsville-v-cavendish-library-trustees-of-vt-1999.