
Richeson arbitrates land-use planning dispute
June 6, 2007John L. Richeson recently served as an arbitrator in a case involving the subdivision of land. Claimants subdivided an 80 acre tract into three separate parcels several years ago. During the planning of their estate, the Claimants chose to use revocable living trusts, and when deeding their land into trust Claimants used the original legal description of their land, which identified the entire 80 acres as one tract instead of three separate parcels. When Claimants decided to sell one of these separately defined parcels the municipal governing authority refused to approve or recognize the tract to be sold since the last deed of record was the 80 acre tract. The municipal authority chose to exert its authority and a suit was filed by the Claimant. Wisely counsel for both parties recognized a need for an expedited answer to the dispute and agreed to the selection of Mr. Richeson, who possessed over 40 years of experience on both sides of similar issues dealing with estate planning and land use planning, to act as arbitrator. The case was presented on agreed statement of facts and a ruling was made by Mr. Richeson which resolved the dispute allowing the separate parcel to be sold. Both parties were satisfied with the result; the land owner completed the intended sale; the municipal authority was protected against setting a precedent in court which might cause it difficulty in future land use cases.