The Nature Conservancy v Sims
About This Legal Opinion
In a Memorandum Opinion and Order dated March 5, 2009, the court granted TNC's Motion for Summary Judgment. Section 5.1 of the Conservation Easement provides that "[a]ll reasonable costs incurred by the Conservancy in enforcing the terms of this Easement against Grantor, including, without limitation, costs and expenses of suit and reasonable attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be borne by Grantor." Accordingly, the court also determined that TNC is entitled to recoup from Defendants the reasonable fees and costs it incurred in enforcing the Conservation Easement, and ordered further briefing to determine the amount to be awarded to TNC.
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