Ink v. City of Canton case brief summary
212 N.E.2d 574 (1965)
Plaintiff grantors sought review of the
decision of the Court of Appeals for Stark County (Ohio), which
affirmed a trial court's decision awarding condemnation proceeds to
defendant city upon the state's eminent domain taking of land that
plaintiffs had conveyed to defendant with specific restrictions for
CASE FACTS After plaintiff grantors conveyed a
tract of land by deed to defendant city for the express purpose of
using the land as a city park, defendant improved and developed the
land as a public park in accordance with the deeds. When the state
instituted eminent domain proceedings to appropriate much of the park
land, a trial court awarded the proceeds from the condemnation to
defendant, holding that the state's appropriation did not constitute
a breach by defendant of the restrictive deeds or a forfeiture of the
remainder of the grant. The court of appeals affirmed.
On appeal, the
court reversed and held that, by accepting the grant, defendant
undertook a fiduciary obligation to use the property only for park
Thus, defendant was required to hold any interests in the
property not taken from it subject to the fiduciary obligations
imposed upon it by the two deeds conveying that property to it.
addition, whatever money defendant received in the eminent domain
proceedings could only be held by defendant so long as it proposed to
use, could reasonably use, and did use that money for park purposes,
and any remaining money should have reverted to plaintiffs.
The court reversed the decision of the appellate court affirming
the trial court's order awarding condemnation proceeds to defendant
city because defendant was a fiduciary with respect to implementation
of plaintiff grantors' grant of park land. Thus, any amount received
in the condemnation proceeding that was not required by defendant for
continued park purposes reverted to plaintiffs. Suggested law school study materials
Shop Amazon for the best prices on Law School Course Materials.
I have often tried to make the cases available as links in case you are a student without a textbook.
All the information on this site is constantly updated and edited. Furthermore, if you have any outlines you want to share, so that others, free of charge, may benefit, please send those to be posted here. Likewise, if you have case briefs you would like to share, please send them to [email protected].
Please keep in mind that this site makes no warranties as to the accuracy of the cases listed here or the current status of law. These cases are derived from class notes and laws change over time. If you have any questions about these materials, or any other legal questions, you should consult an attorney who is a member of the bar of the state you reside in.