Madachy v. Huntington Horse Show Ass'n

• Decision Date: 15 June 1937
• Docket Number: C. C. No. 578.
• Court: West Virginia Supreme Court
• Parties: MADACHY et al. v. HUNTINGTON HORSE SHOW ASS'N et al.

192 S.E. 128

MADACHY et al.

v.HUNTINGTON HORSE SHOW ASS'N et al.

C. C. No. 578.

Supreme Court of Appeals of West Virginia.

June 15, 1937.

Syllabus by the Court.

1. A county board of education has reasonable discretion to lease school property pending the time when it will be used for school purposes.

2. A county board of education may not lease for a term of twenty years property which has been acquired for school purposes, such lease being without the reserved right in the board to terminate the same within the term, except for limited reasons.

3. Where the terms of a lease of school property are such that under no contingency could the board of education terminate the lease and resume dominion over the property within a less period than three years and five and one-third months subsequent to its execution, such period is of unreasonable duration, the public weal considered, and consequently, the entering into such lease by the board of education was beyond its power and authority.

Case Certified from Circuit Court, Cabell County.

Suit by Michael L. Madachy and others against the Huntington Horse Show Association and others, wherein the rulings of the circuit court regarding the sufficiency of the bill and the answers thereto were certified to the Supreme Court of Appeals.

Rulings affirmed.

Thomas West, of Huntington; for plaintiffs.

Scott, Graham & Wiswell and Samuel Biern, all of Huntington, for defendants.

MAXWELL, Judge.

This certification embraces inquiry regarding the sufficiency of a bill in chancery and the answers thereto. The two ques-tions presented by the pleadings are, first, whether a certain contract between the Board of Education of the County of Cabell and another is beyond the power and authority of the board; and, second, whether the board's property embraced in the contract is being so used by the lessee as to constitute a nuisance. The suit is prosecuted by persons who own property and reside in the immediate vicinity of the land hereinafter mentioned.

Th circuit court held the bill good in so far as it charges that the contract is illegal and void, but held the bill insufficient in respect of the nuisance charges. The answers were held insufficient wherein they undertook to meet the allegations of the bill respecting the ultra vires nature of the contract.

The contract in question was entered into April 15, 1936, between the Board of Education of the County of Cabell, of the one part, and the Huntington Horse Show Association, of the other part. By this contract, the board, owner of a parcel of unimproved land of about 2-⁸/₁₀ acres in an outlying section of the City of Huntington, leased the land to the Huntington Horse Show Association for a term of twenty years at the rental of $1.00 per year. The lessee acquired the property "for the purpose of conducting horse shows, fairs and livestock, horticultural, agricultural and similar exhibitions, and use by the Boy Scouts or similar organizations * * *." The lessee covenanted that when and at such times as the premises are not in use by it for any of the purposes recited "it will permit the use of the said premises for athletic practice, meetings or events and for recreation for school children, when and on such occasions as such use for such practice, meetings or events, or such recreation, the Lessor in writing requests and authorizes the same", under proper supervision by school authorities. Further, the lease provides: "If at any time after June 26, 1938, Lessor shall decide to use the demised premises for the erection and maintenance thereon of a school building or buildings, or shall sell said premises, then Lessor shall have, and is hereby given, the right to terminate this lease by giving notice of its election to so terminate this lease to Lessee; * * * and this lease shall terminate and all rights of the Lessee thereunder shall end at the expiration of one year after the date on which such notice shall be given." The lessee agreed to remove all improvements within ninety days after the expiration of the lease.

The greater portion of the property in question was acquired by the board's predecessor, the Board of Education of the Independent District of Huntington, in 1923, and the smaller portion was acquired by the present board in 1935.

From the answers of the board and of the association, it appears that the association is a creature of the Junior League of Huntington, incorporated, a branch of a nation-wide organization of young women, banded together for the purpose, among others, of engaging in community work of benevolent, charitable and civic nature, and of procuring funds for its chosen work by means of dues from its members, contributions by like-minded persons, and such public entertainment or exhibitions as may, by paid admissions, provide or enhance receipts available for the purposes of the organization. Its members and officers serve without compensation. The association was brought into existence by the league in order that horse shows might be given at Huntington to raise funds for the league to use in connection with a clinic which it had established in that city for the treatment of all children from six to sixteen years of age who, by reason of bodily infirmity or disease, need medical or surgical treatment.

The board takes the position that it has a lawful discretion to determine a proper use to...