Figliuzzi v. Carcajou Shooting Club of Lake Koshkonong
Wisconsin Supreme Court
516 N.W.2d 410 (1994)
- Written by Samantha Arena, JD
Facts
In 1896, the Carcajou Shooting Club (the club) (plaintiff) purchased 400 acres of land accompanied by an explicit grant of the perpetual right to all fishing and hunting privileges on the land. In 1987, Vincent and Mary Jane Figliuzzi (defendants) purchased 42 acres of the land, at which time they were notified of the club’s hunting and fishing rights. Thereafter, the Figliuzzis planned to build a 26-unit condominium development on part of the land, including a lawn, playground, walking paths, and boat slips. The club filed suit to prevent construction of the development, arguing that it would greatly increase the number of residents and visitors on the property, thereby interfering with the club’s hunting rights. The circuit court found in the club’s favor, concluding that the increased human activity and reduced cover for the animals resulting from the project would unreasonably interfere with the perpetual hunting easement. The Figliuzzis appealed.
Rule of Law
Issue
Holding and Reasoning (Heffernan, C.J.)
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