Myrtle Rebekah Lodge No. 6 v. Cavendish Library Trustees

Myrtle Rebekah Lodge No. 6 v. Cavendish Library Trustees (97-421); 
169 Vt. 553; 726 A.2d 86

[Filed 8-Feb-1999]

                                 ENTRY ORDER

                       SUPREME COURT DOCKET NO. 97-421

                             JANUARY TERM, 1999


Myrtle Rebekah Lodge #6 	     }	APPEALED FROM:
of Proctorsville	             }
                                     }
     v.	                             }	Windsor Superior Court
                                     }	
Cavendish Library Trustees	     }
of Cavendish, Vermont	             }	DOCKET NO. S-211-96 WrC

       In the above-entitled cause, the Clerk will enter:

       Cavendish Library Trustees (Trustees) appeal a declaratory judgment by
  the Windsor  County Superior Court that a parcel of land in the Village of
  Proctorsville has reverted to the  Myrtle Rebekah Lodge #6 of Proctorsville
  (Lodge) because the land is no longer used for library  purposes.  The
  Trustees claim the court erred in concluding that the land has ceased to be
  used  for library purposes and in declaring that under the terms of the
  deed the Lodge owns the parcel  of property where the old Proctorsville
  Library was located.  We affirm.

       The facts as found by the trial court are as follows.  In September
  1948, the Proctorsville  Fraternal Society conveyed to the Trustees a
  parcel of land (Proctorsville property), without a  building, in the
  Village of Proctorsville to provide a new location for a town library
  because the  owner of the land where the library stood no longer wished to
  accommodate the library on his  land.  The deed provided in relevant part:

   It is a further condition of this deed that the said parcel conveyed shall 
   be used for library purposes only, and if this condition be violated, 
   then the conveyed parcel shall revert back to and become the property 
   of the grantor or its assigns, and the grantee, its successors and 
   assigns shall have the right to remove any building which may have 
   been erected thereon, and also any heating plant that may have been 
   installed, all for its own use.      

  The library building was moved to the Proctorsville property in 1948 or
  1949, and the Trustees  began operating its circulating library there.  

       The library operated continuously until July 1990, at which time the
  books and operations  of the Proctorsville library were moved to a new
  library at the Cavendish Town Elementary  School.(FN1)  After the new
  library opened in Cavendish, the Proctorsville building ceased to be  used
  as a circulating library.  Because there is limited storage space in the
  new Cavendish library,  however, the Trustees store approximately
  five-hundred uncatalogued books at the Proctorsville  building, most of
  which will be used for book sales to raise money for the library.  A group
  called  React, a preschool playgroup sponsored by residents of
  Proctorsville, uses the building for two  hours a week.  React is not under
  the care, custody or control of the Cavendish Library Trustees  and does
  not have any affiliation with the library. Although the group promotes
       

 

  reading activities among preschoolers, its activities are not related to
  library operations.  

       The library's mission statement, adopted in 1993 but similar to the
  mission statement of the  library during the period of development of the
  new library, provides: "The Cavendish  Community Library promotes the
  exchange of ideas, stimulates thought, and supports lifelong  learning in
  the school and community by providing relevant, current materials, programs
  and  services for all ages." 

       The court concluded that neither the storage of non-circulating books,
  nor the limited use  of the building for two hours per week by React
  suffices to show that the property is used for  library purposes.  It
  stated that: 

   the functions of a community library are being carried out at the new 
   library located at the Cavendish School.  Storage of unused books is 
   tangential to the functions of a community library, and could be 
   accomplished just as well in a rented storage space.  The fact that unused 
   books are stored in the old library building in Proctorsville does nothing 
   to provide library services to the community from that location, which 
   was the purpose of the original grant.

  Accordingly, the court declared that the Lodge, as assignee of the grantor,
  owns the Proctorsville  property where the old library stands.  

       The standard of review is deferential.  We examine the trial court's
  findings only for clear  error; factual findings are viewed in a light most
  favorable to the prevailing party.  See Mullin  v. Phelps, 162 Vt. 250,
  260, 647 A.2d 714, 719 (1994).  We will uphold conclusions of law if 
  supported by the findings.  See Abbiati v. Buttura & Sons, Inc., 161 Vt.
  314, 318, 639 A.2d 988,  990 (1994).

       The Trustees first contest the court's factual finding that "no
  library operations continued  at the old library."  They argue that the
  evidence shows that the old library continues to be used  for needed
  storage of discarded books destined for the book sale, as well as for
  additional meeting  space.  They also contest the court's finding that
  there is additional storage space available at the  town hall in Cavendish. 
  The Trustees contend that the town hall space does provide some  additional
  storage, but is not an alternative for the storage needs of the library. 
  They further  contest the court's finding that the books stored in the old
  library raise money for the library at  book sales.  They argue the
  evidence indicates that raising money is not the primary purpose of  the
  book sale, but rather to extend the useful life of books and provide them
  to the public at low  cost.  

       With respect to the court's finding that library operations were
  discontinued at the old  library, the record reveals that the library moved
  to Cavendish in 1990, all the collections from  the old library were
  transferred to the new library, and the town librarian has had no
  involvement  with any activities in the Proctorsville building. Although
  the evidence also shows that there are  approximately five-hundred books
  stored at the old library, no books have been lent or circulated  from that
  building.

       The Trustees further argue that providing a place to store books and
  allow a local group to  meet are central services to the work of a library
  and comply with the library's mission statement.  They argue that the
  library was not abandoned as an annex for services, which the new library 
  was too small to offer, and that the court's conclusion to the contrary
  constitutes error.  In  Collette v. Town of Charlotte, 114 Vt. 357, 358, 45 A.2d 203, 204 (1946), a landowner conveyed  a portion of his property to
  the Town "to be used . . . for school purposes" 


 

  but it was to revert to the grantor, his heirs and assigns if the premises
  were used "for other than  school purposes."  Id.  A school house was
  erected on the lot, and classes were taught there  continuously until 1936,
  after which the building was used for storage of school supplies.  The 
  court's determination that the storage of school supplies was not
  sufficient to constitute "school  purposes" was not challenged by the
  plaintiff, and we affirmed the court's decision.  Here, the  Trustees argue
  that the storage of books and use of the old library as meeting space is
  clearly  more directly related to the purposes of a library than the
  storage of school supplies is to the  maintenance of a school.  We do not
  discern, however, and the Trustees fail to explain, how the  storage of a
  small number of books is more closely related to a library purpose than the
  storage  of school supplies is to a school purpose. 

       The Trustees also argue that the modern community library is more than
  simply a place  where books circulate.  They contend that today's library
  is a space for various groups to meet  and - contrary to their earlier
  argument that library book sales serve to provide low cost books  to the
  public - that a library is a business that needs to support itself through
  regular fund-raising  activities such as book sales. The court's findings,
  however, that the only uses to which the old  library is put are as a
  weekly meeting place for an unaffiliated preschool playgroup and as storage 
  for non-circulating books to be sold at a future library book sale, amply
  support the conclusion  that the  land is no longer used for "library
  purposes only."  

       Moreover, a deed "is to be construed in connection with, and in
  reference to, the nature and  condition of the subject matter at the time
  the deed was executed, and the obvious purpose the  parties had in view." 
  Hoadley v. Hoadley, 114 Vt. 75, 80, 39 A.2d 769, 773 (1944).  At the time 
  of the conveyance, the Trustees operated a circulating library in the
  Village of Proctorsville.  The  building was used as a circulating library
  only, and when the land and building were no longer  available to the
  Village, the Proctorsville Fraternal Society conveyed land to provide the
  property  upon which a new circulating library could operate.  We find
  ample support for the court's  conclusion that when the Trustees moved the
  circulating library from the Proctorsville property  to Cavendish, the
  condition of the deed was breached and the fee reverted to the assigns of
  the  Proctorsville Fraternal Society.  See In re .88 acres of Property
  Owned by the Town of  Shelburne,, 165 Vt. 17, 21, 676 A.2d 778, 780 (1996)
  (where subject property was donated to  Town as long as Town built a
  meeting house thereon and continued to use it for that purpose,  after Town
  breached deed restriction, subject property reverted to heirs of grantor).

       Affirmed.


BY THE COURT:


_______________________________________
Jeffrey L. Amestoy, Chief Justice

_______________________________________
John A. Dooley, Associate Justice

_______________________________________
James L. Morse, Associate Justice

_______________________________________
Denise R. Johnson, Associate Justice

_______________________________________
Marilyn S. Skoglund, Associate Justice


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                                  Footnotes



FN1. By warranty deed on August 2, 1991, the Proctorsville Fraternal
  Society conveyed all of its  interests in real property in the Village of
  Proctorsville, including its reversionary interest in the  Proctorsville
  property, to the Lodge.