Supreme Court of Virginia
Mount Aldie, LLC v. Land Trust of Virginia, Inc.
March 2, 2017293 Va. 190
Summary
The Supreme Court of Virginia reversed the circuit court’s partial summary judgment in favor of Land Trust of Virginia, holding that genuine issues of material fact exist regarding whether Mount Aldie breached the conservation easement. The Court construed the easement provisions using plain‑meaning principles, finding that “new opening or clearing” refers only to clearing standing timber or brush and that Article II, Section 3(ii) governs the buffer activities without a notice requirement. The case was remanded for further fact‑finding.
Holding
- Whether the term “new opening or clearing” in Article II, Section 5(i) includes any earth‑disturbing activity. The term “new opening or clearing” means a newly created area cleared of standing timber and/or brush and does not encompass mere earth‑disturbing activity such as removal of dead or diseased trees
- Whether Article II, Section 3(ii) governs the buffer activities independently of Section 5(i) and imposes no notice requirement. Article II, Section 3(ii) is a stand‑alone provision that governs permissible earth‑disturbing activities within the buffer and does not contain a notice or approval requirement
- Whether LTV has exclusive control over the Indian Spring Trail under Article V, Section 2. LTV does not have exclusive control; the provision grants LTV the right to construct and maintain a primitive footpath for pedestrian use while reserving a non‑exclusive right for the landowner
Docket Record 160305
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