Figliuzzi v. Carcajou Shooting Club of Lake Koshkonong
Wisconsin Supreme Court
516 N.W.2d 410 (1994)
In 1896, the Carcajou Shooting Club (plaintiff) acquired 400 acres along with a perpetual hunting and fishing easement. In 1987, the Figliuzzis (defendants) bought 42 acres of that land, aware of the club's rights, and later planned a 26-unit condominium development with a lawn, playground, walking paths, and boat slips. The club sued to stop construction, arguing the resulting influx of residents and visitors would scare off game and interfere with its hunting rights. The trial court agreed, finding the increased human activity and reduced animal cover would unreasonably interfere with the perpetual hunting easement, and the Figliuzzis appealed.
Whether the owner of land burdened by an easement may make reasonable and proper use of the land, including construction and improvement, so long as that use does not unreasonably interfere with the easement.