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ZIEMANN v. VILLAGE OF NORTH HUDSON

No. 79-1236.

99 Wis.2d 37 (1980)

298 N.W.2d 233

Harold J. ZIEMANN, Ruth Y. Ziemann, James D. Groves, Maxine Groves, Gene Hustad and Ardys J. Hustad, Plaintiffs-Appellants, v. VILLAGE OF NORTH HUDSON, a domestic municipal corporation, Richard J. Brynildsen, William J. Gilbert, Hugh F. Gwin, Frederic Johnson, Defendants, BOY'S CAMP OF HUDSON, Wisconsin, Inc., a domestic corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 23, 1980.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Joel D. Porter, John W. Fetzner and Fetzner & Porter of Hudson.

For the respondent the cause was submitted on the brief of Ardell W. Skow and Doar, Drill, Norman, Bakke, Bell & Skow of Baldwin.

Before Donlin, P.J., Foley, J., and Dean, J.

FOLEY, J.

The plaintiffs appeal from a judgment that dismissed their complaint against the Boy's Camp of Hudson, Wisconsin, Inc., for failure to state a claim. Plaintiffs and the Camp are owners of separate lots subject to a mutual restrictive covenant. The plaintiffs claim that the covenant prohibits use of Camp property as a public park. The trial court concluded that the restrictive covenant did not prohibit the proposed park use. Because we also conclude that...

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