Union County v. Union County Fair Ass'n

Robert H. Dudley, Justice.

The issue in this case is whether the holder of the possibility of reverter after a determinable fee can maintain an action for waste. The Court of Appeals has certified the case to this court as a case of significant public interest and a case of major importance. Rule 29 (4) (b) Vol. 3A (Repl. 1979).

In early 1961, appellant Union County wanted to build a hospital on a tract of land owned and occupied by appellee Union County Fair Association. On November 15, 1961, after considerable negotiations, the parties entered into an agreement by which the county would pay…