Western New York Land Conservancy v. Town of Amherst
About This Legal Opinion
Two courts held that a Town convey a conservation easement for consideration of conservation benefits and monitoring and that there is statutory authority in the enabling act to bind successors.
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Town of Oyster Bay v. Doremus
The Appellate Court reversed, holding that there was no contract to convey the conservation easement, therefore the Town could not be a third party beneficiary.
Mohonk Trust v. Board of Assessors of Town of Gardiner
New York Court of Appeals held that environmental and conservation purposes are charitable within the meaning of New York's property tax exemption statute, and that especially where conservation land is open to and enjoyed by the public, it should enjoy exemption.
Hohman v. Town of Poestenkill
Matter of Hohman v Town of Poestenkill Appelate decision.pdf In 2018, The Nature Conservancy sought to convey a 138-acre preserve to the Town of Poestenkill. It is common for land trusts to convey conserved parcels to local, state or federal governments and the resolution of this case shows that such transfers can occur without undue complications.
Thomas E. Hefner, Esquire
The Town Council wanted to terminate an easement it held on Town land without following the strict termination procedure set forth in the enabling statute. The Attorney General's Advisory Opinion held that the conservation easement must follow the termination procedures in the enabling statute.
Into the Western New York Wildway
In 2020, the Western New York Land Conservancy introduced the Western New York Wildway. The WNY Wildway will be an extensive series of protected lands that connect the vast forests of northern Pennsylvania to the Great Lakes, through to the Finger Lakes, the Adirondacks and beyond.
In the Matter of Girard v. Town of East Hampton
The appellate court affirmed in a very brief opinion, holding that the Town's zoning requirement of a conservation easement was arbitrary and capricious.
Western New York Land Conservancy Prevails Against Wealthy Neighbor
The Western New York Land Conservancy prevailed in litigation against a wealthy neighbor who clear cut three large areas for roads and a pond.
Deerfield River Co. v. Wilmington Power and Paper Co.
The court held that when the purpose of a taking is to provide a town electricity at the town's request, it is a public use.
Town of Fairfax v. Berg
The trail and appellate courts found extending the ROW to public access overburdened the easement, holding that there was no evidence suggesting that the easement was intended for the public's benefit.
Grogan v. Zoning Board of Appeals of the Town of East
A zoning decisions required granting a conservation easement. Landowner sued claiming unjust taking. Court held for town.