Girl Scouts of So. Illinois, et al. v. Vincennes Ind. Girls - 1/22/13

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Tuesday  January 22, 2013 
11:00 AM  EST

11 a.m. 42S00-1210-PL-597. In 1965, the National Girl Scouts underwent reorganization, and as a result, the appellee, Vincennes Indiana Girls (“VIG”) was required to convey some ten acres of land known as Camp Wildwood to an Illinois scout council, the appellant, Girl Scouts of Southern Illinois (“GSSI”). The deed specified that ownership of the camp would revert to VIG if that camp was not used as a scouting facility for a period of 49 years. The deed also specified that if VIG’s corporate existence was terminated, the reversion right would automatically terminate; VIG was administratively dissolved for a time because an annual fee had not been paid to the Secretary of Sate. By 2009, GSSI had stopped using the land as a scout camp and had notified VIG that it intended to sell the camp. VIG filed a quiet title action, asserting that title to Camp Wildwood had reverted to VIG. Indiana Code section 32-30-3-14 provides that “a possibility of reverter … concerning real property is invalid after thirty (30) years from the date [it] is created….” The Knox Circuit Court granted summary judgment for VIG, deciding that Indiana Code section 32-30-3-14 was unconstitutional as applied, that VIG did not lose its right to the camp when it was administratively dissolved, and that VIG owns the fee simple title to Camp Wildwood. This is a direct appeal.

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