A Florida appellate court has resolved a familial dispute over the fate of former U.S. Attorney General Janet Reno's home.

The Third District Court of Appeal Wednesday affirmed a Miami-Dade Circuit Court judgment providing for Reno's Kendall property to be donated to Miami Dade College. Reno, who made history as the first woman to serve as Miami-Dade state attorney and U.S. attorney general, died on Nov. 7, 2016.

Reno had originally intended for her lifelong Florida property to be donated to another school—the University of Miami. Her 2008 will had bequeathed the ranch, which was built by Reno's mother in the 1940s, to the university, with the stipulation that the school preserve the property "as-is" in perpetuity.

However, UM declined the gift after Reno's death, reasoning that the property's upkeep and the maintenance of its surrounding natural foliage would prove too costly.

Because Reno never married or had children, the house was left to seven of her nieces and nephews following her death. But the Janet Reno Revocable Trust, which is managed by James Hurchall, opted to honor Reno's charitable intentions for the property despite UM's refusal of the gift. Her estate subsequently arranged for the ranch to be endowed to Miami Dade College.

Miami-Dade Circuit Judge Mindy Glazer approved the alternation of Reno's will in November 2018, and found the substitution of Miami Dade College in the place of UM was legally sound under the cy pres doctrine.

Under Florida statutes, "if a particular charitable purpose becomes unlawful, impracticable, impossible to achieve, or wasteful, the court may apply the doctrine of cy pres to modify or terminate the trust. … In a manner consistent with the settlor's charitable purposes."

Read the opinion:

The matter reached the appellate court after the former Miami prosecutor's niece, Janet Meliha Reno, appealed the lower court's order permitting her aunt's will to be amended.

The Third DCA upheld the trial court's findings, agreeing that because Reno's estate still owned the contested property, and the original parameters of her will could not be fulfilled, the transfer of the property to MDC was lawful.

"The University of Miami's declination to accept the charitable transfer made the original disposition impossible to achieve," the opinion said, adding the situation was "precisely the kind of circumstance" the cy pres doctrine is intended to address. "The successor trustee identified an even-closer charitable, educational institution to accept the gift and to comply fully with Ms. Reno's conditions 'in perpetuity,' respecting the 'unique character' and 'historical importance' of the Reno Homestead."

Coral Gables lawyer Hung Nguyen represented Reno's niece in both the trial and appellate courts. The attorney said he and his client "respectfully disagree" with the appellate court's opinion, and will be exploring additional legal options.

"We believe [the opinion] is contrary to the plain language of Janet Reno's trust, which shows her true intent, the facts and Florida law," the Nguyen Law Firm attorney said. "The opinion is an unprecedented expansion of the cy pres doctrine under Florida law, and infringes upon Floridians' constitutionally protected right to devise their property to whomever they want."

Miami attorney Alan Greer served as legal counsel to Reno's estate. As Reno's longtime friend, Greer said he was honored to work on behalf of her surviving relatives.

"The Reno family—with the exception of the plaintiff in the case—were very gratified by the court's decision," he said, noting the "historical and ecological importance" of Reno's home and its quarter-mile distance from MDC's main campus. "She's an old, old friend of mine, and just being able to ensure that her wishes were complied with is very gratifying to me."

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