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NEWPORT CONDOMINIUM ASS'N v. CONCORD-WISCONSIN

No. 95-0869.

205 Wis.2d 577 (1996)

556 N.W.2d 775

NEWPORT CONDOMINIUM ASSOCIATION, INC., a nonstock, not for profit corporation, Plaintiff-Respondent, v. CONCORD-WISCONSIN, INC., a Wisconsin corporation, Defendant-Respondent. Michelle TOMERA and Craig Tomera, Defendants-Third Party Plaintiffs-Appellants, v. Thomas C. RICCI, LTD. PROFIT SHARING PLAN, f/k/a Thomas C. Ricci Pension and Trust, Thomas C. Ricci and Phyllis J. Ricci, Third Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided October 23, 1996.

Attorney(s) appearing for the Case

On behalf of the defendants-third party plaintiffs-appellants, the cause was submitted on the brief of Lisle W. Blackbourn of Godfrey, Neshek, Worth & Leibsle, S.C. of Elkhorn.

On behalf of the defendant-respondent, the cause was submitted on the briefs of William Swindal, Esq. of Hinshaw & Culbertson of Chicago, Illinois. On behalf of plaintiff-respondent, the cause was submitted on the briefs of Nicholas J. Loniello of Loniello, Johnson & Simonini.

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

ANDERSON, P.J.

Michelle and Craig Tomera (the Tomeras) appeal from a summary judgment in favor of Newport Condominium Association, Inc. (Association). The Tomeras argue that the adoption of a Restated Declaration and Plat (Restated Declaration), which redefined the veranda as a limited common element appurtenant to Concord-Wisconsin, Inc.'s (Concord) unit, without the consent of all owners was improper. The Tomeras also...

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