Knowles v. Codex Corp
About This Legal Opinion
The court held that the misrepresentation claim failed because the court could not overturn the town meeting vote even if all of plaintiff's allegations could be proven. The court further held that town residents did not have standing to sue developer for breach of a condition subsequent, stating that such a claim could only be filed by the conservation commission.
Membership Required
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.
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.
Burgess v. Breakell
A neighbor lacks standing to enforce a conservation easement under the Connecticut conservation easement enabling statute.
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.
Huber v. Dept. of Transportation
This case is another instance in which third-party standing to challenge or enforce a conservation easement has been denied.
Wolf Creek Ski Corporation v. Board of County Commissioners
The court did not rely on standing jurisprudence per se, but it effectively ruled that the plaintiffs lacked standing to enforce the 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.
Gorman v. Despart
The trial court ruled that the plaintiff lacked standing, and the plaintiff appealed. The appellate court affirmed, holding that Parcel A was not intended to be benefitted by the restrictive covenant and therefore lacked standing to enforce it.
Tallman v. Outhouse, et al.
The Court held that neither neighbors nor the general public has standing to enforce a conservation easement under the New Hampshire conservation easement enabling statute.
Burgess v. Breakell, 14 Conn. L. Rptr. 610 (Conn. Super. Ct. Aug.
A neighbor lacks standing to enforce a conservation easement under the Connecticut conservation easement enabling statute.