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LAND PRESERVATION v. CLAGGETT

No. 142, September Term, 2008.

985 A.2d 565 (2009)

MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION, et al. v. Herschell B. CLAGGETT, Sr.

Court of Appeals of Maryland.

December 22, 2009.

Attorney(s) appearing for the Case

Steven M. Sullivan, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., Craig A. Nielsen, Thomas F. Filbert, Asst. Attys. Gen.), on brief, for Petitioners.

Willard C. Parker, II (Sarah M. Everhart, Parker Counts & Melton, LLP, Easton), on brief, for Respondent.

Margaret Ann Nolan, County Solicitor, Lisa Stello O'Brien, Sr. Asst. County Solicitor, Melissa Shane Shipkey, Asst. County Solicitor, Amicus Curiae.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and BARBERA, JJ.

ADKINS, J.

In this appeal, we construe the terms of an agricultural easement conveyed by respondent Herschell Claggett, Sr. to petitioner Maryland Agricultural Land Preservation Foundation ("Foundation") over his 208.39-acre Kent County property ("Claggett Property") for the sum of $262,190.50.1 At issue is whether the Foundation must grant a release from that easement for a two-acre lot which allows Claggett to not only construct a dwelling...

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