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PALM SPRINGS v. LIVING DESERT RESERVE

No. E018472.

82 Cal.Rptr.2d 859 (1999)

70 Cal.App.4th 613

CITY OF PALM SPRINGS, Plaintiff and Respondent, v. LIVING DESERT RESERVE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

Review Denied June 3, 1999.

Attorney(s) appearing for the Case

Redwine & Sherrill, Justin M. McCarthy and Steven B. Abbott, Riverside, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, and Peter K. Shack, Deputy Attorney General, as Amicus Curiae on behalf of Defendant and Appellant.

Rutan & Tucker, LLP, David J. Aleshire and David B. Cosgrove, Costa Mesa, for Plaintiff and Respondent.

OPINION

McKINSTER, J.

Not infrequently, wealthy individuals, intending both to promote the common weal and to memorialize themselves, give property to a city on the condition that it be used in perpetuity for some specified purpose. With disturbing regularity, however, the city soon tires of using the donated property for the purpose to which it agreed when it accepted the gift, and instead seeks to convert the property to some other use.

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