Gary D. and Barbara M. Hoke v. Board of Education of the County of Monroe
15-0972
| W. Va. | Jan 26, 2017Background
- In 2011 the Monroe County Board of Education (the board) sold an 0.8-acre parcel (Second Creek School property) to Gary and Barbara Hoke by private sale for $201.00.
- The board later concluded the sale violated West Virginia Code § 18-5-7(a), which requires unneeded school property be sold at public auction, and offered to refund the Hokes; the Hokes declined.
- The board filed for declaratory relief seeking to set aside the 2011 deed as void for noncompliance with the auction statute; the circuit court granted summary judgment for the board.
- The Hokes asserted alternative ownership through (a) a 1940 Hogshead→Reed deed (they are Reed’s assigns) and (b) a 1983 lease involving the Monroe County Commission that contained a reversion to Reed or his heirs/assigns.
- The circuit court found the 1940 deed unambiguously reserved the school parcel (it was “excepted and not conveyed”), Reed never obtained title to that parcel, and because no valid deed to any private party was produced, title is vested in the board under the undisputed possession statute, W. Va. Code § 18-5-6.
Issues
| Issue | Plaintiff's Argument (Board) | Defendant's Argument (Hoke) | Held |
|---|---|---|---|
| Validity of the 2011 deed | Sale was void because board failed to sell at public auction as required by W. Va. Code § 18-5-7(a) | Deed is valid; alternative ownership theories make deed unnecessary | Court: 2011 deed void for failing to follow § 18-5-7(a); affirmed |
| Effect of 1940 Hogshead→Reed deed reservation | Reservation clearly excepted the school parcel from the conveyance, so Reed never received title | Reservation is uncertain (blank date, no recorded deed to board), so the exception failed and parcel passed to Reed, making Hokes' assignment valid | Court: Reservation is plain and unambiguous; Reed never had title; Hokes cannot claim via 1940 deed |
| Impact of lack of recorded deed from Hogshead to board | Recording is not required for validity; the 1940 deed gave Reed notice of prior conveyance; even if no deed recorded, reservation retained parcel in Hogshead | Absence of recorded deed renders reservation uncertain and defeats board’s title; statute protecting bona fide purchasers applies | Court: Recording not necessary; written reservation gave notice; § 40-1-9 inapplicable; Reed never held title |
| Effect of 1983 lease and reversion clause | Lease does not convey ownership and cannot bestow title that Reed did not possess; board cannot convey to private party without auction compliance | Lease created a reversion to Reed/heirs/assigns when property ceased public use, so Hokes (as Reed’s assigns) now own | Court: Lease is annual and cannot transfer title; reversion cannot operate because Reed never had title; lease doesn't help Hokes |
| Current title to property | Board held long undisputed possession and used parcel for school purposes; absent other claimants with title, § 18-5-6 vests title in the board | Hokes claim title through Reed assignment and lease reversion | Court: Title vests in board under W. Va. Code § 18-5-6; if board disposes, must comply with § 18-5-7 auction rules |
Key Cases Cited
- Dooley v. Bd. of Educ. of Cabin Creek Dist., 80 W.Va. 648, 93 S.E. 766 (1917) (a deed made in violation of statutory auction requirement is void)
- City of Bluefield v. Taylor, 179 W.Va. 6, 365 S.E.2d 51 (1987) (reaffirming Dooley holding)
- Hall v. Hartley, 146 W.Va. 328, 119 S.E.2d 759 (1961) (exceptions/reservations in deeds must be expressed in certain and definite language)
- Cottrill v. Ranson, 200 W.Va. 691, 490 S.E.2d 778 (1997) (same principle on deed reservations)
- Jones v. Wolfe, 203 W.Va. 613, 509 S.E.2d 894 (1998) (recording is not a prerequisite to validity of a deed)