Environmental Preservation Easement Does Not Create Charitable Trust

Private landowners granted anagricultural preservation easement to the relevant state agency.  Someyears later, they sought and received permission to erect a creamery on theland.  A community association of local residents sued for an orderprohibiting operation of the creamery alleging standing under state law whichgives standing to “any interested person” to enforce a charitable trust. 

In a case of first impression, theMaryland Court of Appeals upheld summary judgment denying the order holdingthat the easement was not a charitable trust.  Long Green Valley Ass’n. v.Bellevale Farms, Inc., 68 A.3d 843 (Md. 2013).

Special thanks to William LaPiana (Professor of Law, New York LawSchool) for bringing this case to my attention.