Preserved Property Owner Does Not Have Standing to Challenge Approved Use by Neighboring Preserved Property Owner

chebeague_island_september_2016

Photo of Chebeague Island in Maine, source Gkuriger via wikicommons

 

This post is not legal advice

I have written a few times on how the legal principle of standing can impact your ability to bring a lawsuit. In many cases, standing can require showing an injury-in-fact, causation relationship between the injury and the action of the defendant, and likelihood that the injury can be solved by a favorable decision and is not merely speculative. But in some cases, the legislature may limit who can have standing even further. For example, with conservation easements, a state legislature may limit those who can enforce the conservation easement to the holder of the easement (such as a land trust). The Maine Supreme Court recently found landowner of preserved property did not have standing to enforce the easement on neighboring property (Estate of Robbins, 2017). Continue reading