Birch Investments, LLC v. Keymer
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About This Legal Opinion
The State and County objected to the tax foreclosure due to the division prohibition. The trial court agreed. The appellate court reversed, finding that revenue-raising outweighed the state goal of keeping whole farms intact. The court ruled the conservation easement survived the foreclosure.
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Taylor v. Taylor II
An appellate court in Ohio has upheld a division prohibition in a conservation easement The appellate court reversed the trial court's decision to nullify the division prohibition.
Stitzel v. State of Maryland
The appellate court upheld the trial court's finding on the holder's subdivision prohibition and its balancing decision, finding that MALPF's interest in preserving large blocks of agricultural land outweighed any harm to Stitzel.
W.O.R.C. Realty Corp. v. Town of Islip
The appellate court reversed the trial court on the collateral estoppel issue, finding that the earlier property tax action did not address the issue of the validity of the easement. However, the appellate court went on to rule for the town based on the statute of limitations defense.
Garden State Investment v. Township of Brick
Garden State Investment (GSI) purchased tax sale certificates on vacant lots in Brick Township, paying taxes on the properties until entitled to commence foreclosure actions. During the foreclosure process, GSI discovered that the properties were encumbered by state-held conservation easements.
Peninsula Open Space Trust v. Redwood Trust Deed Services, Inc.
The court granted preliminary injunction barring sale by foreclosure as such sale would violate the easement’s prohibition on division which the court concluded was not an unreasonable restraint on alienation.
Covered Bridge Farms II v. State of Maryland
Landowners granted portions of conserved land to separate LLCs--despite a no-subdivision clause. The easement-holder (the State of Maryland) contested the subdivision. The trial court ruled in favor of the easement-holder. The landowner appealed. The appeals court confirmed.
Mohonk Preserve v Pardini, Fink, and Taylor II
The trial court conducted a lengthy bench trial and ultimately ruled in favor of challenger to land trust title. The appellate court reversed, finding several flaws with the trial court's analysis.
County of Santa Barbara v. Double H Properties, LLC
The appellate court agreed with the trial court's holding that the existence of the salamander habitat prior to the eminent domain action was not enough evidence to establish habitat value as the highest and best use of the property.
U & ME Homes LLC v. County of Suffolk
The trial court granted summary judgment for the LLC and denied summary judgment to the Town and County. Following well-developed New York common law, the court ruled that the deed restriction did not include any language evidencing the requisite intent to run with the land.
Mohonk Preserve v Pardini, Fink, and Taylor III
The trial court conducted a lengthy bench trial and ultimately ruled in favor of Fink. The appellate court reversed, finding several flaws with the trial court's analysis. New York Court of Appeals refused to hear an appeal