6th Circ. Says Sinkhole Fill Violates Conservation Easement

Law360, New York (May 22, 2012, 1:29 PM EDT) -- The Sixth Circuit on Monday upheld a lower court decision finding two Kentucky landowners guilty of breaching the conservation easement of a purchase agreement with The Nature Conservancy, ruling that the pair improperly altered the topography of the land by filling a sinkhole.

Larry and Marsha Sims "violated the plain language of the easement" by placing more than 6,000 cubic yards of fill material into the hole despite signing an agreement to keep the “overall appearance and topography of the protected property substantially unchanged,” the appeals...
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