US Court of Appeals, First Circuit, No. 15-2270, September 23, 2016: Upholds NPS disapproval of Long Wharf restaurant use.
On appeal the court upheld the District Court decision in Boston Redevelopment Authority v. National Park Service (BRA I) 125 F.Supp.3d 325 (2015) in favor of the National Park Service (NPS), forbidding the Boston Redevelopment Authority (BRA) from using [...]
Supreme Court of Montana, 2015 MT 265, No. DA 14-0798, September 8, 2015: Conservation restrictions created outside Montana conservation easement statute enforceable.
The basic issue in this case was whether in Montana an easement in gross (here, a restriction for the benefit of a person, rather than benefitting a piece of land (a “dominant estate”) that binds [...]
Cal. Court of Appeal, 3rd Appellate Dist., No. C068816, November 26, 2012: Validates conservation easement hunting ban despite failure to post land.
This decision is marked “Not to Be Published”, meaning it is not generally citable as precedent. See comment below.
Plaintiff/appellant Wooster’s 4,535 acre property is subject to a conservation easement deed and agreement held by the [...]
Mass. Appeals Court, No. 10-P-1665, October 14, 2011: Holds the enforceability beyond 30 years of land use restrictions set by a government agency, such as incident to the grant of a zoning special permit, is not limited by state statute that limits enforceability of restrictions on their face unlimited as to time.
The Massachusetts statute, M. G.L. [...]
Commonwealth Court of Pennsylvania, 2057 C.D. 2010 July 12, 2011: Restriction to “recreational use” in Declaration of Covenants, Conditions and Restrictions (Declaration) does not allow structure or use for basketball court. Unreported opinion.
Land acquired by a Township in part with county funds was subject to the Declaration stating the land would be used only “for wildlife [...]
Court of Appeals of South Carolina, Unpublished No. 2011-UP-086, March 1, 2011: Enforces a private negative deed covenant imposed for conservation purposes and enjoins construction of a dock at a community lot in a subdivision. (Opinion has no precedential value under SC rules.)
A small limited partnership (“LP”) developed Martins Point with the express goal “to preserve [...]
State of Washington Court of Appeals Division II, No. 38906-1-II, May 18, 2010
In an issue of first impression in Washington the court held an original covenantee lacks standing to enforce restrictive covenants against an original covenantor when the covenantee no longer owns property that the covenants benefit. Covenants in a 1962 deed from Orr to [...]
SUPREME COURT OF PENNSYLVANIA
No. 12 WAP 2009, March 25, 2010
This decision interprets the Pennsylvania Donated or Dedicated Property Act [Act of Dec. 15, 1959, P.L. 1772 (as amended 53 P.S. §§ 3381-3386), “DDPA”]. “DDPA permits political entities to sell at least certain donated or dedicated property upon orphans’ court approval, subject to conditions, where the original [...]
The Wills, Trusts & Estates Prof Blog in a February 25, 2010, post headed, “Wyoming Attorney General Prevents the Wrongful Termination of a Perpetual Conservation Easement,” reported, “After over six years of litigation, a case involving a Wyoming county’s attempted termination of a perpetual conservation easement has settled, with the conservation easement remaining in full force [...]
J. Kelly Gray; Rooster Springs, LP; and Rooster Springs Stable, LP, Appellants, v. The Key Ranch At The Polo Club Home Owners Association, Inc., Appellee.
Court of Appeals of Texas, Third District, Austin.
Filed: January 12, 2010.
The Key Ranch subdivision is a gated residential community. The appeals court upheld the trial court decision finding for the appellee [...]
Court Of Appeals Of Washington, Division 1, Docket Number: 62974-3, January 11, 2010
Regarding a private restrictive covenant, evidence of a party’s unilateral or subjective intent as to the meaning of a covenant word or term is inadmissible. One of the parties submitted a declaration concerning the parties’ personal beliefs as to the scope and meaning of [...]