Town Of South Charleston v. Bd. Of Educ. Of Kanawha County

Citation50 S.E.2d 880
Decision Date30 November 1948
Docket NumberNo. 10032.,10032.
CourtSupreme Court of West Virginia
PartiesTOWN OF SOUTH CHARLESTON . v. BOARD OF EDUCATION OF KANAWHA COUNTY.

50 S.E.2d 880

TOWN OF SOUTH CHARLESTON .
v.
BOARD OF EDUCATION OF KANAWHA COUNTY.

No. 10032.

Supreme Court of Appeals of West Virginia.

Nov. 30, 1948.


[50 S.E.2d 880]
Syllabus by the Court

1. If the pleadings and proof disclose that the subject matter of the controversy is not before the court, there is no jurisdiction to grant relief under the Uniform Declaratory Judgments Act.

2. The rights, status, and legal relations of parties to a proceeding under the Uniform Declaratory Judgments Act depend upon facts existing at the time the proceeding is commenced. Future and contingent events will not be considered.

Appeal from Circuit Court, Kanawha County.

Suit by the Town of South Charleston against the Board of Education of the County of Kanawha to compel the board to release the town from an agreement to lease certain lands or in the alternative for a declaration as to town's right to use certain funds to purchase such lands subject to the agreement. From the decree, defendant appeals.

Reversed and dismissed.

Campbell, McClintic & James, Charles C. Wise, and Stanley E. Dadisman, all of Charleston, for appellant.

Bowers & Meador, H. W. Bowers, P. G. Meador, and H. William Bowers, Jr., all of Charleston, for appellee.

LOVINS, Judge.

The Town of South Charleston, a municipal corporation, hereinafter referred to as

[50 S.E.2d 881]

"town, " instituted this suit in the Circuit Court of Kanawha County against The Board of Education of the County of Kanawha, hereinafter referred to as "board." The trial court rendered a decree adverse to the defendant, from which an appeal was granted by this Court.

This suit arises out of the last of a series of transactions between the town and the board, relative to a cooperative policy of establishing a joint system of public recreation facilities.

In the years 1936 and 1938, the board purchased certain lands in the Town of South Charleston at an aggregate cost of $20,673. The lands were conveyed by the board to the town for a nominal consideration, and thereafter the town constructed thereon a stadium, athletic field, and gymnasium, using, in part, funds allocated by the Federal Government for these purposes. Pursuant to an understanding or agreement, the town then executed and delivered leases demising the lands to the board for ninety-nine years, with the privilege of renewal for two terms of ninety-nine years each. Included in one of the leases, dated in 1938, is the easterly seven feet of one lot designated as Lot No. 11, Block E-3. The validity of those conveyances and leases is not directly questioned in this proceeding.

This proceeding concerns a parcel of land, consisting of Lots Nos. 9 and 10, the westerly five feet of Lot No. 8 and the easterly seven feet of Lot No. 11, Block E-3. Lots Nos. 9 and 10, and the westerly five feet of Lot No. 8 were acquired by the board in January, 1941, at an additional cost of $1566.50. The board conveyed Lots Nos. 9 and 10 and the westerly five feet of Lot No. 8 to the town by deed bearing date the 10th day of June, 1941, in consideration of one dollar, other valuable considerations, and the further consideration that the town would execute and deliver to the board the lease hereinafter discussed.

By agreement bearing date October 10, 1941, the town, in consideration of the conveyance of Lots Nos. 9 and 10, and the fractional part of Lot No. 8, and the relinquishment of rights as lessee of the easterly seven feet of Lot No. 11, agreed that, upon request, it would convey to the United States of America the two lots and the two fractional parts of lots; that it would use its best efforts to obtain the erection of a recreation building and other improvements on said land; and that in the event the said lands were not conveyed to the United States of America that the...

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