Weston Forest & Trail Ass'n v. Fishman

Beth Ellen Fishman appeals from a judgment of the Land Court compelling her to remove a newly constructed bam from her property in Weston. In September, 2004, the Weston Forest and Trail Association, Inc. (WFTA), commenced an action seeking to enforce a conservation restriction (restriction) that burdens Fishman’s land. The WFTA claimed Fishman had *655constructed a bam on the part of her property that is restricted and is thus unbuildable. The judge, acting on the WFTA’s motion for summary judgment, decided that the bam was built in violation of the restriction and ordered Fishman to remove it.…