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WESTON FOREST AND TRAIL ASSOCIATION, INC. v. FISHMAN

No. 05-P-1076.

66 Mass. App. Ct. 654 (2006)

WESTON FOREST AND TRAIL ASSOCIATION, INC. v. BETH ELLEN FISHMAN.

Appeals Court of Massachusetts, Suffolk.

June 30, 2006.

Attorney(s) appearing for the Case

Jeffrey P. Allen for the defendant.

Lisa C. Goodheart (Gregory P. Bialecki with her) for the plaintiff.

Present: LAURENCE, DREBEN, & VUONO, JJ.

VUONO, J.

Beth Ellen Fishman appeals from a judgment of the Land Court compelling her to remove a newly constructed barn 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 constructed a barn on the part of her property that is...

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