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Real Property Law
Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes
Matter of Merestead NYLJ 11/6/20, p. 32, col. 4 AppDiv, Second Dept. (memorandum opinion)
In Westchester County's proceeding to modify or extinguish restrictions on land held for charitable purposes, neighbors appealed from Supreme Court's denial of their motion to intervene. The Appellate Division affirmed, holding that neighbors had no substantial interest in the outcome of the proceeding.
The county had obtained 130 acres, known as Merestead, as part of a charitable disposition. The county brought an equitable deviation proceeding to liquidate investment funds attached to the property and to remove restrictions on use of the property. Adjacent landowners sought to intervene in the proceeding, contending that use and enjoyment of their properties would be affected by the outcome of the proceeding. Supreme Court denied their motion.
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