Gordy v. Cobb County School District

Weltner, Justice.

Gordy conveyed land to the Mountain View Community Club by a deed which provided that the tract and its improvements would revert to Gordy or his successors if it ceased to be used for “community club improvement purposes.” The school district plans to condemn part of this parcel as a site for a school building, and filed this declaratory judgment action to determine the respective rights of Gordy’s successors and of the club. The trial court granted summary judgment for the club, holding that the contemplated partial taking would not terminate the present estate of the club…