- 27 - 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.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011