James D. and Beverly H. Turner - Page 27

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          development, and the requests of Hyland and the MVLA to limit               
          development.  Respondent does not dispute that the Grist Mill               
          property was an “historically important land area”.  Respondent             
          contends that there was no “historic structure” on the Grist Mill           
          property that petitioners could have preserved.  In addition,               
          respondent contends that the conservation easement did not                  
          preserve the Grist Mill property’s “historically important land             
          area” or its natural state.  Respondent also references the loss            
          of trees on the development portion of the Grist Mill property as           
          demonstrating that, in fact, there was a loss of historical                 
          importance after the Grist Mill property’s development.                     
          Conversely, petitioners strongly deny that they contributed to              
          any loss of historical importance by the removal of trees during            
          the development of the Grist Mill property.                                 
               The parties’ disagreement about tree loss or removal is                
          irrelevant.  If the trees contributed to the historical                     
          importance of the Grist Mill property, the measure should be                
          based on the potential use of the property before and after the             
          contribution of a conservation easement.  Even if no trees were             
          removed by petitioner, such restraint was not mandated by the               
          terms of conservation easement, which failed to reference                   
          preservation of trees or the view, but merely referenced a                  

               11(...continued)                                                       
          to develop and/or to preserve the floodplain ring hollow as no              
          homes could have been built on that land.                                   





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