Carrillo v. Center for Natural Lands Management
About This Legal Opinion
A neighbor with residential property adjacent to a conservation easement held by the Center for Natural Lands Management (CNLM) sued when a large landslide downhill damaged the neighbor’s property. The neighbor claimed, among other counts, breach of contract, alleging that CNLM caused the landslide and thus failed to meet its obligations under the conservation easement. The neighbor was not a party to the conservation easement but contended that he was a third party beneficiary. The conservation easement provided that a prevailing party was entitled to recover attorney fees and costs. CNLM then filed a motion for an award of attorney fees and costs as the prevailing party under the conservation easement. The neighbor opposed the motion on the ground that he could not be liable for attorney fees because the court had concluded he was neither a party nor a third party beneficiary of the conservation easement.
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