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Weston Forest and Trail Association v. Fishman

Massachusetts Appeals Court

849 N.E.2d 916 (2006)

Relevant factsFree

A conservation easement on Fishman's (defendant) land barred any construction or buildings across most of the property to preserve its natural, undeveloped condition, permitting only agricultural, farming, or recreational use of the restricted area; Fishman's own deed referenced the restriction, yet she built a barn within the restricted zone, and an association employee who visited during construction never raised any objection with her. After the barn was completed, the Weston Forest and Trail Association (plaintiff) sued to enforce the easement and won summary judgment; Fishman appealed, arguing the easement's meaning was unclear and that laches and estoppel should bar enforcement given the association's delay and inaction.

IssueFree

Whether a conservation easement should be construed beneficially according to its apparent purpose, and whether laches or estoppel can bar enforcement of an easement serving the public interest.

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