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PERTZSCH v. UPPER OCONOMOWOC LAKE ASS'N

No. 00-2514.

248 Wis.2d 219 (2001)

2001 WI App 232

635 N.W.2d 829

Steven PERTZSCH and Doris Pertzsch, Plaintiffs-Respondents, v. UPPER OCONOMOWOC LAKE ASSOCIATION, Thomas L. Wavernek, Damian O. Fennig, Donald Fellows and Kenneth E. Millard, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided September 19, 2001.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of and oral argument by Curtis A. Paulsen of Whyte Hirschboeck Dudek, S.C. of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Kathryn Sawyer Gutenkunst and Daniel J. Habeck of Cramer, Multhauf & Hammes, LLP of Waukesha. There was oral argument by Kathryn Sawyer Gutenkunst.

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

¶ 1. BROWN, J.

The Upper Oconomowoc Lake Association appeals from an order reversing the decision of the Association's Architectural Control Committee to deny the request of Steven and Doris Pertzsch to build a lakeside boathouse. The court reasoned that the Committee's reliance on the fact that no other lakeside boathouse existed rendered its decision arbitrary and capricious in light of the express terms of the restrictive covenant allowing boathouses. We affirm...

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