Charles F. and Susan G. Glass - Page 25

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          the conservation easements to the trust to protect the encumbered           
          shoreline from development and to deduct a resulting charitable             
          contribution.  As to the former, petitioners hoped that their               
          neighbors would also restrict a similar portion of their real               
          estate in order to conserve it.                                             
               The conservation easements preclude petitioners from                   
          building on the lakefront lots of the property and, as granted,             
          cover some but not all of the bluff on the property; neither of             
          the conservation easements reaches the top of the bluff, and the            
          conservation easements cover only 410 of the 460 feet of the                
          shoreline of the property.11  When they granted the conservation            
          easements, petitioners believed that the conservation easements             
          extended over the top of the bluff.  They learned they were                 
          mistaken when the property was later surveyed (the property was             
          not surveyed when they bought it).  In July 2004, petitioners               
          filed a lawsuit (lawsuit) in Emmet County Circuit Court against             
          LTC.  The lawsuit, which is currently pending, seeks a                      
          reformation of the deeds underlying the conservation easements to           
          enlarge the encumbered shoreline.                                           






               11 When they contributed conservation easement 2 to the                
          trust, petitioners knew that 50 feet of shoreline was                       
          unencumbered.  Petitioners may develop that unencumbered                    
          shoreline in any way consistent with the zoning requirements.               




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Last modified: May 25, 2011