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OVERLOOK FARMS v. ALTERNATIVE LIVING

No. 87-1065.

143 Wis.2d 485 (1988)

422 N.W.2d 131

OVERLOOK FARMS HOME ASSOCIATION, INC., Mr. & Mrs. John Ewig, and Mr. & Mrs. Kenneth Mirecki, Plaintiffs-Appellants, v. ALTERNATIVE LIVING SERVICES, Defendant-Respondent.

Court of Appeals of Wisconsin

Decided February 10, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Fiorenza & Hodan, S.C., by Theodore J. Hodan, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Michael, Best & Friedrich, by Thomas P. Godar, of Milwaukee.

Brief of Amicus Curiae submitted by Center for Public Representation, by Betsy J. Abramson, of Madison.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.

MOSER, P.J.

This case raises two issues on appeal which have not been previously decided by the appellate courts of this state. The first issue is whether sec. 46.03(22), Stats., which authorizes group homes in residential neighborhoods despite local zoning ordinances and private restrictive covenants, was intended by the legislature to apply retroactively, thereby voiding existing private covenants. The second issue raised is whether retroactive application of this...

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