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PRAH v. MARETTI

No. 81-193.

108 Wis.2d 223 (1982)

321 N.W.2d 182

Glenn PRAH, Plaintiff-Appellant, v. Richard D. MARETTI, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 2, 1982.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by John F. Maloney, Jonathan A. Mulligan and Mulcahy & Wherry, S.C., of Milwaukee, and oral argument by Mr. Maloney.

For the defendant-respondent there were briefs and oral argument by Jack C. Horth of Milwaukee.

Amicus curiae brief was filed by Craig Gordon Smith of Milwaukee, and Alan S. Miller of Washington, D.C., for Natural Resources Defense Council.

Amicus curiae brief was filed by Anthony C. Liotta, acting assistant attorney general, Land and Natural Resources Division; Joan F. Kessler of Milwaukee, United States attorney, eastern district of Wisconsin; Kathryn A. Oberly, chief, energy section; J. Vance Hughes, chief, special litigation section; Jacques B. Gelin and James P. Leape, attorneys, United States department of justice, Washington, D.C.

SHIRLEY S. ABRAHAMSON, J.

This appeal from a judgment of the circuit court for Waukesha county, Max Raskin, circuit judge, was certified to this court by the court of appeals, sec. (Rule) 809.61, Stats. 1979-80, as presenting an issue of first impression, namely, whether an owner of a solar-heated residence states a claim upon which relief can be granted when he asserts that his neighbor's proposed construction of a residence (which conforms to existing deed restrictions...

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