CITY OF CASPER v. J.M. CAREY & BRO.

No. 5120.

601 P.2d 1010 (1979)

CITY OF CASPER, Appellant (Plaintiff below), v. J.M. CAREY & BROTHER, a dissolved Wyoming Corporation, and Charles D. Carey, representative of J.M. Carey & Brother, a dissolved Wyoming Corporation, Appellees (Defendants below).

Supreme Court of Wyoming.

October 29, 1979.


Attorney(s) appearing for the Case

H.B. Harden, Jr., Casper, for appellant.

Claude W. Martin of Brown, Drew, Apostolos, Massey & Sullivan, Casper, for appellees.

Before RAPER, C.J., THOMAS, ROSE and ROONEY, JJ., and GUTHRIE, J., Retired.


ROSE, Justice.

This action involves the single issue of whether, under the facts of this case, the passage of time has sufficed to extinguish a condition subsequent and a possibility of reverter or right of reentry on condition broken. We will hold that under the facts involved it has not and will affirm the trial court, but will modify the judgment.

This matter came to issue in the trial court when the City of Casper, appellant and owner of a city block of...

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