Windham Land Trust v. Jeffords

Russell Jeffords and Susan Poulin (defendants) owned 100 acres, 85 of which were subject to a conservation easement donated to the Windham Land Trust (plaintiff). The deed permitted only conservation practices and 'residential recreational purposes' on the protected land, and the owners agreed to be bound by it. They abandoned a plan to let music-festival attendees camp on the protected land, admitting it would violate the easement, but then planned to let paying guests staying on the unrestricted 15 acres use the protected land for fishing and ice skating. The Land Trust sued to bar commercial patrons from using the protected land. The lower court granted summary judgment and a permanent injunction barring any commercial use, including by commercial guests. Jeffords and Poulin appealed.

Whether an easement stating that land is to be used for residential recreational purposes only prohibits use of that land for commercial purposes.