CLINE v. JOHNSON COUNTY BD. OF ED.


548 S.W.2d 507 (1977)

Exer Wells CLINE and Roland Wells, Appellants, v. JOHNSON COUNTY BOARD OF EDUCATION, Appellee.

Supreme Court of Kentucky.

March 11, 1977.


Attorney(s) appearing for the Case

R. B. Harrington, Paintsville, for appellants.

Michael J. Schmitt, Wells, Porter & Schmitt, Paintsville, for appellee.


PALMORE, Justice.

The issue in this case is whether KRS 381.221(1) is constitutional. Enacted in 1960, it provided that every possibility of reverter and right of entry [upon breach of a condition subsequent] created prior to July 1, 1960, would cease to be valid or enforceable 30 years after its creation unless before July 1, 1965, a declaration of intent to preserve it were recorded. We are of the opinion that the judgment of the trial court holding it valid was...

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