Westchester Land Trust v. Town of Lewisboro
About This Legal Opinion
The trial court granted WLT's motion for summary judgment, finding that the proposed wolf habitat facility would violate the conservation easement.
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Taylor v Martha's Vineyard Land Bank Commission
The trial court granted a pretrial motion for partial summary judgment by plaintiff, holding that use of the path for the benefit of any lot other than the express dominant lot would overburden the easement. This ruling effectively divided the proposed hiking loop into two separate trails.
U & ME Homes LLC v. County of Suffolk
The trial court granted summary judgment for the LLC and denied summary judgment to the Town and County. Following well-developed New York common law, the court ruled that the deed restriction did not include any language evidencing the requisite intent to run with the land.
McCulloch v. Town of Milan
To date, this is the only reported case in which a landowner has claimed racial discrimination as a version of selective enforcement in a conservation easement violations context. The trial court granted summary judgment in favor of the Town.
Peconic Land Trust, Inc. v. Salvatore
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.
McEvoy v. Palumbo
The trial court granted Palumbo's and the Town's motion to dismiss for lack of standing under Connecticut's conservation easement enabling statute and common law of standing.
Stockport Mountain Corporation LLC v. Norcross Wildlife Foundation, Inc.
The court granted Norcross' motion for summary judgment, finding that natural gas drilling was prohibited because it was a commercial and industrial use. The court also granted Norcross its attorney fees, based on a fee provision in the easement.
Buckley v. Greensboro Land Trust
The court held for land trust on summary judgment, finding no implicit reasonable requirement in the subdivision prohibition provision.
Goldmuntz v. Town of Chilmark
The appellate court affirmed the lower court's ruling that the construction of the swimming pool would be in violation of the conservation easement.
Bluestein v. Town of Sullivan’s Island
Neighbors sued to trim vegetation on Town owned land under a restrictive covenant. SC Supreme Court reversed summary judgment for the Town and remanded in 2020.
Dalton v. Hudson River Heritage
On summary judgment, the trial court upheld the easement, finding that its purposes included protecting the landscape surrounding the home, and not just the structure itself. The court noted that the party seeking termination bears the burden of showing that it is unenforceable.