Coons v. Carstensen

The Carstensens (defendants) agreed to a private wetlands-conservation restriction with a land trust in lieu of state eminent-domain taking, then sixteen years later contracted to sell their property to Nancy Coons (plaintiff), promising "good and clear record and marketable title" without disclosing the conservation restriction; when Coons discovered the restriction, she demanded her deposit back, and after the Carstensens refused, she sued and the trial court granted her summary judgment.