Girl Scouts of Southern Illinois v. Vincennes Indiana Girls, Inc.
988 N.E.2d 250
Ind.2013Background
- 1946: Vincennes University donates Camp Wildwood to Vincennes Indiana Girls, Inc. (VIG) for Girl Scouts use.
- 1965: VIG is absorbed into Girl Scouts of Southern Illinois, Inc. (GSSI) and conveyance to GSSI’s predecessor required for continued use as a Scout camp.
- Deed restricts use to Girl Scouts for 49 years and provides automatic reversion to VIG if use ceases; prohibits GSSI from conveying during the period.
- Usage by Vincennes-area troops continues for about 44 years, including meetings, camps, and events.
- 2009: GSSI stops using the camp and plans to sell; VIG sues in May 2010 to quiet title and preserve the 49-year term; VIG had been administratively dissolved in 2004 and reinstated in 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IC 32-17-10-2 unconstitutionally impairs contracts. | VIG claims reversion is vested and protected. | GSSI argues statute voids such reverter after 30 years. | Unconstitutional as applied. |
| Whether VIG’s administrative dissolution terminated its reverter. | VIG’s existence continued; dissolution did not terminate reverter. | Dissolution terminates charter, ending reverter. | Dissolution did not terminate; reinstatement retroactively effective. |
| Whether reinstatement relates back to pre-dissolution period. | Reinstatement restores rights as if dissolution never occurred. | Rights foreclosed by 30-year limit. | Relates back; reversion not extinguished by dissolution. |
| Whether VIG’s reversion and land-use restriction are sufficiently protected contracts. | Restriction imposing 49-year use is a land-use contract right. | Restrictions are subject to police-power modification. | Contract rights are protected; 30-year cut-off invalid as applied. |
Key Cases Cited
- Clem v. Christole, Inc., 582 N.E.2d 780 (Ind. 1991) (contracts rights under deed; police power limits)
- Outland v. Bowen, 115 Ind. 150 (1888) (naked possibilities of reverter are too remote to vest)
- Gushwa v. Gushwa, 93 Ind. App. 68 (1931) (reversionary interests; vesting considerations)
- Pulos v. James, 261 Ind. 279 (1973) (contracts rights vested; impairment limitations)
- Columbia Club, Inc. v. American Fletcher Realty Corp., 720 N.E.2d 411 (Ind. Ct. App. 1999) (covenants run with the land; intent and privity)
- Herron v. Stanton, 147 N.E. 305 (1920) (illustrative of charitable use and legacy protections)