Logourl black
From our private database of 14,100+ case briefs...

Pietrowski v. Dufrane

Wisconsin Court of Appeals
634 N.W.2d 109 (2001)


Facts

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

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Curley, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.