WETLANDS TRUST v. WHITE CLOUD NINE VENTURES

Record No. 141577.

782 S.E.2d 131 (2016)

WETLANDS AMERICA TRUST, INC., v. WHITE CLOUD NINE VENTURES, L.P.

Supreme Court of Virginia.

February 12, 2016.


Attorney(s) appearing for the Case

Andrew G. Mauck , Glen Allen ( Melissa R. Tannery ; Richmond, Mauck & Brooke, on briefs), for appellant.

E. Andrew Burcher ( Michael J. Kalish ; Prince William , Walsh, Colucci, Lubeley & Walsh, on brief), for appellee.

Amicus Curiae: Commonwealth of Virginia ( Mark R. Herring , Attorney General; Jeffrey M. Bourne , Deputy Attorney General; Richard A. Mahevich , Senior Assistant Attorney General, on brief), in support of appellant.

Amici Curiae: The Nature Conservancy, Piedmont Environmental Council, Land Trust of Virginia, Land Trust Alliance, National Trust for Historic Preservation in the United States, and Civil War Preservation Trust d/b/a Civil War Trust ( John L. Walker, III ; Joseph R. Pope ; Williams Mullen , on brief), Richmond, in support of appellant.

Present: LEMONS, C.J., GOODWYN, McCLANAHAN, POWELL, KELSEY, and ROUSH, JJ., and LACY, S.J.


Wetlands America Trust, Inc. ("WAT") holds a conservation easement on property in Loudoun County owned by White Cloud Nine Ventures, L.P. ("White Cloud"). On appeal, WAT contends the circuit court erred in rejecting claims in its declaratory judgment action that White Cloud's construction activities on...

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