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Atlanta Dev. Auth. v. Clark Atlanta Univ. Inc.

A deed transferring property from a university to a college for charitable purposes did so in the form of a fee simple determinable estate, and the university therefore had a valid reversionary interest in the property, which was triggered when the college sold the property.

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This Court granted defendant Atlanta Development Authority d/b/a Invest Atlanta Invest Atlanta an interlocutory appeal of the superior court’s denial of its motion to dismiss plaintiff Clark Atlanta University, Inc.’s CAU complaint for declaratory judgment, which sought a declaration regarding CAU’s rights to three adjoining parcels of real property in southwest Atlanta collectively the Property that it donated to Morris Brown College MBC in 1940.1 For the reasons which follow, we affirm the judgment of the superior court.

On February 10, 1940, for the nominal consideration of $1.00, CAU executed a deed Deed for the Property, which was composed of three adjoining parcels totaling approximately 13 acres, to MBC. At the time the Property was donated, MBC was experiencing financial difficulties and was at risk of losing its campus. The one-page Deed conveyed all three parcels, which will hereinafter be referred to as Parcel 1, Parcel 2, and Parcel 3, and was structured, as follows.

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