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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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