Lancaster Co. Agric. Pres. Bd. v. Fryberger

In Lancaster Co. Agric. Pres. Bd. v. Fryberger, the Pennsylvania Commonwealth Court reviewed orders that rejected the defendants’ agreement to create an easement to benefit one defendant on the co-defendant’s land. The land at issue was subject to a conservation easement agreement. The proposed easement would have allowed certain waste-water treatment equipment and some small recreational activities, like a corn maze, on the property. Initially, the Commonwealth Court noted that the Court of Common Pleas lacked jurisdiction to enter an order more than 30 days after it had entered judgment. As to the merits of the appeal, the Court reversed the majority of the lower court’s order, holding that only a small portion of the proposed uses for the easement violated the conservation easement agreement.

Lancaster