Citations
- 659 F. Supp. 1551
Full opinion text
MEMORANDUM
JOSEPH H. YOUNG, District Judge.
Plaintiff John M. Colhoun and defendant Smithsonian Institution are neighboring landowners. They executed an option agreement which grants Colhoun the right to purchase the Smithsonian property if certain events transpire. In August 1984, Colhoun notified the Smithsonian that he intended to exercise his option. The Smithsonian refused to comply, stating that the necessary pre-conditions had not occurred. Colhoun subsequently filed suit, seeking specific performance of the option agreement, and the parties are currently before this Court on defendant’s motion for summary judgment.
I. FACTS
Many facts are not in dispute. The property at issue is located along the Rhode River in Anne Arundel County, Maryland, on a point of land known as Ivy Neck. In 19C.6, the Smithsonian Institution purchased approximately 330 acres of Ivy Neck Farm from plaintiffs aunt, Adelaide F>rbes Colhoun. The Smithsonian wished t< use the property for “research on naturl habitats and their wildlife, so that the sea may be preserved in its unspoiled condion.” Def.Doc.Exh. 11 at 1. Adelaide Qhoun desired to “preserve, if possible, tl Ivy Neck Farm in the state in which it hi been maintained for so many years in tir family,” and to have it used as a bird ogame sanctuary. PI. Ex. 2 at 1.
lie following covenants and restrictions ws written into the deed conveying the 3c acres, known as Parcel #1, to the Sihsonian:
The land hereby conveyed shall be intained, substantially in it’s [sic] sent natural and rural state and con-on to preserve it’s [sic] characteristic a and fauna and shall be used as a llife sanctuary for scientific and enviinental research, observations and ex-Inentation in wildlife biological field áes.
iPhere shall be no public hunting, ting or killing of any wild or domestammals or birds.
Shere shall be no billboards or other Qercial advertisements erected, Fl or maintained upon the said lands mall there be any commercial miniimber cutting or removal of sand, g, topsoil, or minerals therefrom. 4ere shall be no residences, dwellhtor commercial or business enterpbuilt, erected or maintained upon tl-i lands except for agricultural or s