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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Broadway & Fourth Avenue Realty Co. v. City of Louisville, 197 S.W.2d 238 (1946)

Citation
Broadway & Fourth Avenue Realty Co. v. City of Louisville, 197 S.W.2d 238 (1946)
Parent Document
Broadway & Fourth Avenue Realty Co. v. City of Louisville, 197 S.W.2d 238 (1946)
Jurisdiction
Kentucky (state)
Effective Date
1946-10-29

Other Sections in This Document (20)

Full Text

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Although appellant’s contract provided that the lessor should own the subject buildings as erected and should have them in actual possession in the year 2027, yet we must not become entangled in the skillfully drawn verbal web of language employed in the formation of this lease and neglect the broad spirit and the general operative purpose of this transaction, as interpreted from this covenant as a whole. Looking at all parts of this 99 year lease and considering it in a practical way, as we must for taxation purposes, the bus terminal and garage in question are not things of seminary ownership. They are alienated from seminary domination and control during the next 81 years. They could not be sold by the seminary for anything like a substantial market value-at the present time or during the next generation. Under the variable conditions of the relentless and marching years, the subject buildings may never reach the authoritative possession of the seminary with anything like their present state of valued and respected quality.