Friday, August 23, 2013
Private landowners granted an agricultural preservation easement to the relevant state agency. Some years later, they sought and received permission to erect a creamery on the land. A community association of local residents sued for an order prohibiting operation of the creamery alleging standing under state law which gives standing to “any interested person” to enforce a charitable trust.
In a case of first impression, the Maryland Court of Appeals upheld summary judgment denying the order holding that 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 Law School) for bringing this case to my attention.