Jackson Hole Land Trust v. Douglas
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In this dispute over an accessway traversing Patricia Douglas' property the Supreme Court affirmed the decision of the district court holding that the accessway was a driveway subject to a conservation easement's development limitation, holding that the district court did not err.
Jackson Hole Land Trust (JHLT) held the conversation easement, which limited the area that could be developed on Douglas' property. Douglas sought a declaration that the accessway crossing her property was a road rather than a driveway and thus should not be counted toward the total developed area. The district court granted summary judgment in favor of JHLT but declined to award it costs and attorneys' fees. The Supreme Court affirmed, holding (1) the accessway traversing Douglas' property is a driveway subject to the conservation easement's site development limitation; and (2) the easement terms do not provide for the award of costs and attorneys' fees for a declaratory judgment action.
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