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In re Jurgiewicz Duck Farm

In re Jurgiewicz Duck Farm

Ruling
Debtor could not sell property free and clear of prior transfer of development rights.
Procedural posture

The debtor, the operator of a rural free range duck farm, sought to sell its real property free and clear of its prior transfer of the development rights in the real property, which had been purchased by a local county and town for $ 5,632,976.84 and other good and valuable consideration, under 11 U.S.C.S. § 363(b), (f), and (n).

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Commercial opinion summary, case decided on May 20, 2010 , LexisNexis #0710-081