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Pietrowski v. Dufrane
Wisconsin Court of Appeals
247 Wis.2d 232, 634 N.W.2d 109 (2001)
Richard G. Dufrane and Laura K. Dufrane (defendants) purchased a single-family residence in May 1998. The residence had a two-and-one-half car garage attached to it. The property was located in the Brookdale subdivision, and was subject to a restrictive covenant that allowed no more than one family dwelling and one private garage on each lot. Shortly afterwards, the Dufranes constructed a detached two-and-one-half car garage, in a corner adjacent to Mary J. Pietrowski’s (plaintiff’s) property. Pietrowski brought suit, asking the circuit court to issue an order requiring the garage to be razed. In defense, the Dufranes argued that Pietrowski had waived her right to enforce the restrictive covenant by violating it herself, and that there was a change in character of the neighborhood that suggested the restrictive covenant had been abandoned. At the time, Pietrowski and many other homeowners in the subdivision had built sheds on their lots, in addition to their dwellings and garages. The circuit court rejected the defenses and ordered the Dufranes to raze the garage.
Rule of Law
Holding and Reasoning (Curley, J.)
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