This section contains the nature of the case and procedural background.

The Woods (P) conveyed land to the Board (D) for the construction of a county hospital. P contends that the language in the deed created either a fee simple determinable or a fee simple subject to a condition subsequent with a right of reversion in them if the land ceased to be used for the hospital. The lands were conveyed, and D constructed a hospital upon them. In 1983, D sold the land and the original hospital facility to a private company. The buyer operated the hospital until September 1984 when it moved the operation to a newly constructed facility. The private company then put the land up for sale. Ps sued seeking recovery of the value of the land they conveyed to the county in 1948. D motioned for summary judgment. D was granted summary judgment, and P appealed.

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