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SCHAUER v. DENEVEU HOMEOWNERS ASS'N, INC.

No. 93-2459.

187 Wis.2d 32 (1994)

522 N.W.2d 246

Jay R. SCHAUER and Kathleen T. Schauer, Plaintiffs-Respondents, v. DENEVEU HOMEOWNERS ASSOCIATION, INC., Defendant-Appellant, Harold SABEL, J. Michael Doyle, Mary Doyle, Douglas Ondrasek, Barbara Ondrasek, William Leake, Virginia Leake, Hutter Investment Company, John Huempfner, Ramona Huempfner and Lake DeNeveu Preserve, Inc., Defendants-Respondents, Brian DENZIN, Mary Denzin, Robert Langjahr, Karen Langjahr, James Tursky, Michael Feucht, Joan Feucht, Jeff Wright, Mary Wright, Francis Sheridan, Carl Saggio, Nancy Saggio and Scott Snyder, Defendants.

Court of Appeals of Wisconsin.

Decided August 10, 1994.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Linda S. Balisle of Balisle & Roberson, S.C. of Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Chris J. Trebatoski of Michael, Best & Friedrich of Milwaukee.

On behalf of the defendant-respondent Lake Deneveu Preserve, Inc., the cause was submitted on the brief of William P. O'Connor of Wheeler, Van Sickle & Anderson, S.C. of Madison.

Before Anderson, P.J., Nettesheim and Snyder, JJ.

SNYDER, J.

The DeNeveu Homeowners Association, Inc. (the Homeowners Association) appeals from a trial court order dismissing its motion to modify a final order and from a trial court order denying its motion to reconsider that dismissal.

This litigation began in January 1989 as a declaratory judgment action brought by Jay and Kathleen Schauer to determine the scope of an easement granted to the Homeowners Association in 1981 by the developer of the lots owned...

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