Mayor and City Council of Ocean City v. Taber
of Appeals of Maryland, 1977.
Md. 115, 367 A.2d 1233.
Facts: Stephen Taber established
the town of Ocean City by grant. The trustees of the town granted a bit of
land to the United States as a lifeguard station (or
maybe coast guard outpost) until “the United States shall fail to use” the land
for that purpose. Nearly a century later,
the United States sold the land to Ocean City. The heirs of Taber went to court to try to
get the land back. The trial court found
in their favor.
Analysis: The court finds that when
the United States got title to the property, it
got a fee simple determinable.
Furthermore, the estate so granted ended exactly when the United States sold the land, because at
that point the United States stopped using the land for
a lifeguard station.
Conclusion: The trial court is upheld
and the heirs get the land.
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