The City of Klamath Falls v. Bell

Fred Schallock and Floy Daggett, the sole shareholders of a corporation owning land in Klamath Falls, had the corporation deed the land to the city (plaintiff) on condition it be used only for a public library, with title reverting to Schallock and Daggett or their heirs and assigns if that use ever ceased. After the city closed the library it had operated, it sued Constance Bell (defendant) and other heirs seeking a declaration of the parties' rights; the trial court found the heirs' interest void under the rule against perpetuities and declared the city held fee simple title outright. Bell and the other heirs had by then conveyed their interests to Marijane Flitcraft, who represented the defendants on appeal.