Rodeheaver v. State of Maryland
About This Legal Opinion
The appellate court affirmed, holding that because the language of the will did not indicate what happens to the property if the State ceases to farm it, such language is not a 'condition subsequent' that results in a forfeiture.
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Turner v. Commissioner
The Tax Court held that the easement did not meet the open space conservation purpose test because it did not preserve any land in its natural state and failed the historic preservation test because it did not protect the property's contribution to the historical nature of the neighborhood.
Wooster v. Department of Fish and Game
The appellate court affirmed the trial court in holding that the posting requirement was a covenant, and not a condition subsequent, of the easement, and therefore the failure to comply with this requirement was not grounds for rescission.
Johnson v. De Kros
The appellate court affirmed, finding that the language of the conservation easement clearly reserved to Riverbend the right to control public access, and that the connecting waterways were not navigable.
Matos v. Crimmins
The appellate court affirmed, holding that Seller did not have a duty to disclose the existence of the conservation easement and that mere silence did not amount to active concealment.
Turner v. Commissioner (Opening Brief of Respondent)
Tax Court held that the easement did not meet the open space conservation purpose test and failed the historic preservation test because it did not protect the property’s natural condition that contributed to the historical nature of the surrounding properties. Penalties assessed.
Turner v. Trust for Public Land
The appellate court affirmed the trial court, holding that so long as any profit is used to further its charitable objectives, it is acting consistently with its nonprofit status and that managing the property for conservation by leaving it in its natural state is not the absence of any use.
Center for Rehabilitation of Wildlife, Inc. v. Franklin Land
The trial court found that the option language was ambiguous, and that extrinsic evidence supported the conclusion that the parties did not intend that the option provision would prohibit FLT's conveyance of a conservation easement. Appellate court affirmed.
Maryland Agricultural Land Preservation Foundation, et al. v.
The court construed the easement based on the “clear language” of the instrument only. The court awarded costs to the land trust.
Twp. of Bethlehem v. State of New Jersey
A Town applicant for funding filed suit against the state funder claiming its denial was arbitrary, capricious, unreasonable and that the approval rose to the level of equitable estoppel. The appellate court pointed to the 'plain language of the statute' in affirming the denial of the application.
Chattowah Open Land Trust, Inc. v. Jones
The GA Supreme Court held that the decedent's bequest was a charitable trust and not a devise subject to a condition subsequent. As the land trust's refused to accept the property as a charitable trust, the court ordered that the property be devised to the county as a successor trustee.