Legal Opinion
Board of Education of Central School District No. 1 v. Miles
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1963PublishedCited by 2 opinions
1Opinion of the CourtBergan, P. J.
The problem presented by this submitted, controversy (Civ. Prac. Act, §§ 546-548) is whether section 345 of the Beal Property Law is constitutional in retroactive application. This section is one of several statutory amendments enacted in 1958 on recommendation of the Law Bevision Commission dealing with certain future and contingent interests in real property (L. 1958, ch. 865).
Our problem is confined entirely to section 345, which provides for the extinguishment of a condition subsequent or special limitation restricting the use of land and the resulting right of entry and the possibility…
2Cases cited17 opinions
- Vance v. VanceSupreme Court of the United States · 1883
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Wichelman v. MessnerSupreme Court of Minnesota · 1957
- Upington v. . CorriganNew York Court of Appeals · 1896
- Trustees of Schools of Township No. 1 v. BatdorfIllinois Supreme Court · 1955
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3Cited by2 opinions
- Presbytery of Southeast Iowa v. HarrisSupreme Court of Iowa · 1975
- Presbytery of Southeast Iowa v. HarrisSupreme Court of Iowa · 1975