Peconic Land Trust, Inc. v. Salvatore
About This Legal Opinion
In this easement violation case, the trial court granted summary judgment in favor of the land trust when landowner violated the easement’s notice requirement with regard to both the tree cutting and improvements.
July 2025 Update: In a brief and unanimous opinion, the appellate court affirmed the trial court’s decision that Salvatore violated the conservation easement by failing to provide written notice to PLT before felling the hundreds of trees. The court cited a New York case holding that an easement is to be construed against the grantor.
November 2025 Update: Following a bench trial on damages, the trial court ruled in favor of Salvatore’s expert's proposed restoration plan. The land trust’s plan would have cost Salvatore about $2,218,000, while Salvatore’s plan cost $352,000. The court found numerous aspects of the land trusts expert testimony and proposed plan speculative and unpersuasive.
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