Leah C. Schwartz recently served as co-counsel in a winning appeal before the Wyoming Supreme Court in which she represented The Nature Conservancy (“TNC”) alongside Kim D. Cannon.
Contrary to the language of the conservation easement, a private landowner sought to build multiple residences on his property near the Snake River floodplain. After TNC denied the proposed development, the landowner sued. Following discovery and summary judgment proceedings, District Court Judge Timothy C. Day deemed the development contrary to the plain language of the conservation easement. In a majority decision authored by Judge Joseph B. Bluemel, the Court affirmed.
The case is one of a handful addressing conservation easements in Wyoming and will serve as important precedent in the area. A copy of the Court’s opinion is available here.