CITY OF KLAMATH FALLS v. BELL


490 P.2d 515 (1971)

The CITY OF KLAMATH FALLS, Oregon, a Municipal Corporation, Respondent, v. Constance F. BELL, a Widow, et al., Defendants, Marijane Flitcraft and George C. Flitcraft, Her Husband, Appellants.

Court of Appeals of Oregon, Department 2.

Decided November 5, 1971.

Rehearing Denied December 7, 1971.

Review Denied February 1, 1972.


Attorney(s) appearing for the Case

George H. Proctor, Klamath Falls, argued the cause for appellants. With him on the briefs were Proctor & Puckett, Klamath Falls.

William P. Brandsness, Klamath Falls, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.


SCHWAB, Chief Judge.

In 1925, a corporation conveyed certain land to the city of Klamath Falls as a gift for use as the site for a city library. The deed provided, among other things, that the city should hold the land "so long as" it complied with that condition with regard to its use.

In 1969, the city terminated the use of the land for a library, and the question presented by this appeal is, "Does the title to the land remain in the city or did the termination...

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