Donation Stipulation to Build a School Did Not Include Requirement to Maintain a School
The plans by the State College School District in Pennsylvania to sell the site and building of former College Heights Elementary School to Penn State is moving forward after the claims by the previous property owners’ heirs were dismissed. The heirs challenged the sale because the previous owners donated the property with the requirements that it be used for school purposes and a school be built on the land. However, the planned deal between the district and Penn State will result in the building being used as University Press offices. The heirs’ case was dismissed and they were denied any reversionary interest because the judge determined that the building of the school satisfied the requirement and the planned use of the building does not invalidate the original deed.
See Steve Bauer, Heirs Lose Court Battle Over Former College Heights Elementary School, State College, Dec. 12, 2014.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.