City of Palm Springs v. Living Desert Reserve

J.Not infrequently, wealthy individuals, intending both to promote the common weal and to memorialize themselves, give property to a city on the condition that it be used in perpetuity for some specified purpose. With disturbing regularity, however, the city soon tires of using the donated property for the purpose to which it agreed when it accepted the gift, and instead seeks to convert the property to some other use.

In this case, for instance, the City of Palm Springs (City) built a golf course on 30 acres of donated property which it had accepted in 1986 on the express condition that it be used in perpetuity as a desert wildlife preserve. The trial court reluctantly approved. We reverse.

Factual and Procedural Background

In June of 1986, the Bank of America, as trustee of the McCallum Desert Foundation (Foundation) under the will of Pearl M. McManus, deceased, executed a grant deed (Deed), conveying 30 acres of land (Land) to the City. The Deed provides:

“This Deed Is Made and Accepted on the Express Condition that the land hereby conveyed be used solely as the site of the McCallum Desert Preserve and Equestrian Center, and that grantee, its successors or assigns…