ILNews

Justices rule in favor of Vincennes Girl Scouts in dispute over camp

Back to TopCommentsE-mailPrintBookmark and Share

Indiana Code 32-17-10-2 is unconstitutional as applied retroactively to a land-use restriction in a Vincennes Girl Scout organization’s deed requiring an Illinois Girl Scout group to use deeded land as a camp for 49 years.

In Girl Scouts of Southern Illinois v. Vincennes Indiana Girls, Inc., 42S00-1210-PL-597, Vincennes Indiana Girls Inc. deeded its Camp Wildwood in 1965 to Girl Scouts of Southern Illinois on the condition that scouting use continue for 49 years, with the deed providing that ownership of the campground would revert to VIG if the scouting-use condition was breached during that time. The deed also said that GSSI couldn’t convey, sell or dispose of the camp in any fashion for that 49-year period unless VIG’s existence is terminated during that time.  

In January 2009, GSSI stopped using the camp for Girl Scout activities and decided to sell it. After it informed VIG of its intent, VIG discovered that it had been administratively dissolved in 2004 for failure to pay annual feels to the secretary of state. It was reinstated in August 2009. Both parties sued for quiet title to the camp, with the trial court granting summary judgment quieting title to VIG.

GSSI claimed that VIG’s reversionary interest expired by operation of I. C. 32-17-10-2, which limits reversionary clauses in land transactions to a maximum of 30 years. It also argued that VIG’s administrative dissolution in 2004 allowed GSSI to sell the camp.

Based on Indiana law, VIG’s corporate existence continued, in a limited capacity, even while it was administratively dissolved, and its reinstatement was retroactive as if the dissolution hadn’t occurred, Justice Loretta Rush wrote. As such, its reversionary rights did not terminate by operation of the deed.

“Here, though the parties only intended the restriction to run for 49 years instead of indefinitely, their contract would nevertheless be substantially impaired if it were cut off after just 30 years by applying Indiana Code section 32-17-10-2 — an effect just as ‘permanent, irrevocable, and retroactive in altering the [parties’] contractual relationships as in Clem (v. Christole, Inc.) 582 N.E.2d 780, 782 (Ind. 1991),” Rush wrote. “We see no reason this restriction, and the contractual relationship it creates, should have any less constitutional protection in a condition subsequent than in a restrictive covenant as in Clem.”

“And because VIG’s interest imposes a land-use restriction similar to a restrictive covenant, it deserves the same level of Contracts Clause protection. Since the parties bargained for a 49-year land use limitation on Camp Wildwood, terminating that restriction after just 30 years would substantially impair VIG’s contract rights. Indiana Code section 32-17-10-2 is therefore unconstitutional as applied retroactively to the land-use restriction in VIG’s deed to GSSI.”

The justices affirmed the grant of quiet title to VIG.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

ADVERTISEMENT