Huber v. Dept. of Transportation
About This Legal Opinion
This case is another instance in which third-party standing to challenge or enforce a conservation easement has been denied.
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This resource is a Land Trust Alliance member benefit for the staff, board and volunteers of land trust and affiliate member organizations, and Alliance donors at the Protector level.
Knowles v. Codex Corp
This is a standing case where the court denied neighbor standing to enforce a conservation easement.
Trespass and Third-Party Violations
Includes stewardship suggestions, easement holder standing, recent court cases, and third-party enforcement of conservation restrictions.
Bleier v. Board of Trustees of Village of East Hampton
This is a standing case where the court denied neighbor standing to enforce a conservation easement.
Tennessee Environmental Council, Inc. v. Bright Par 3
Tennessee had a statute more favorable to third-party standing than the typical state enabling statute because it provides that 'beneficiaries' of the easement have standing. As result of this case, the Tennessee legislature amended the conservation easement act to prohibit third-party standing.
Mann v. Levin
This case is another instance where a court has ordered the removal of a structure where the litigant had fair warning that she was in violation of the restrictive covenant or easement.
Standing Approved or Denied: Who Has the Legal Right to Sue in Easement Cases
Who has the legal right to sue in conservation easement cases? The Alliance's Conservation Defense team has compiled this list of cases where standing was approved or denied.
S. Schwartz v. Chester County Agricultural Land Preservation
Schwartz is the latest of many cases in which neighbors (or members of the general public) are denied standing to enforce a conservation easement.
Carrillo v. Center for Natural Lands Management
This is another case of standing denied to a neighbor attempting to use the CE to obtain damages for a landslide.
Merims v. 294 West 10 Realty, LLC
This is yet another case in which prospective buyers are surprised to discover the existence of a conservation easement either after a purchase and sale agreement has been signed or, in certain cases, after the transaction is consummated.
Burgess v. Breakell
A neighbor lacks standing to enforce a conservation easement under the Connecticut conservation easement enabling statute.