The Nature Conservancy, Inc. v. Sims

US Court of Appeals, 6th Circuit, Nos. 09-5634/6070, May 21, 2012: Filling a sinkhole violated “unambiguous” conservation easement despite reserved rights; upholds attorneys’ fee award to easement holder. A 2-1 split decision.

The Nature Conservancy (“Conservancy”) and the Sims entered into a conservation easement on land the Conservancy sold Sims. The Conservancy subsequently asserted that the Sims [...]

120 West Fayette Street, LLLP v. Mayor and City Council of Baltimore

Court of Appeals of Maryland, No. 81/11, April 27, 2012: Taxpayer/adjoining landowner group denied standing to contest demolition of historic buildings under redevelopment plan approval in 4-3 split decision.

In connection with a land use project to redevelop the Baltimore City Market Center Urban Renewal Area commonly known as the “Superblock”, the Maryland legislature approved a $1 [...]

Dunlap v. Commissioner of Internal Revenue

U.S. Tax Court, T.C. Memo, 2012-126, May 1, 2012: Tax Court finds taxpayers’ appraisals not credible to rebut IRS appraisal, resulting in zero value for tax deduction purposes to historic preservation easement to NAT. Deductions were allowed for “required” cash contributions and accuracy-related penalties were disallowed.

The unit owners of a condominium building (Cobblestone) in a New [...]