Conservatorship of the Estate of Moor ex rel. Moor v. State

Summary

The Mississippi Court of Appeals held that a deed conveying property for development of a historical park did not create a reversionary interest or require perpetual operation of the property as a park. The court also held that expenditures on site planning, furniture, equipment, and exhibits could qualify as construction expenditures under the deed’s $2 million condition. The court affirmed summary judgment declaring the State the fee-simple owner.

Holdings

1. The deed did not create a reversionary interest and did not restrict the State's use of the property to perpetual operation of a historical state park because it contained no reverter clause or clear language imposing such a continuing restriction.
2. The State satisfied the deed's requirement to expend at least $2 million in constructing the historical park because the commonly accepted meaning of construction includes assembling or combining parts, and the deed did not limit qualifying expenditures to buildings and fixtures.
3. Summary judgment for the State was proper because the deed was unambiguous and the undisputed facts established that all three deed conditions had been satisfied.

Questions Presented

1. Whether the 1973 warranty deed created a reversionary interest or restricted the State's use of the property to perpetual operation of a historical state park.
2. Whether the State satisfied the deed's requirement that at least $2 million be expended in constructing the historical park when some expenditures were for site planning, furniture, equipment, and exhibits.
3. Whether summary judgment for the State was proper.

Disposition

affirmed