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PIETROWSKI v. DUFRANE

No. 00-2143.

247 Wis.2d 232 (2001)

2001 WI App 175

634 N.W.2d 109

Mary J. PIETROWSKI, Plaintiff-Respondent, v. Richard G. DUFRANE and Laura K. Dufrane, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided July 17, 2001.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the brief of Michael P. Plum of Sayas, Schmuki & Plum, S.C., of Wauwatosa.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas W. Kurzynski of Literski, Rogaczewski & Kurzynski of Greenfield.

Before Wedemeyer, P.J., Fine and Curley, JJ.

¶ 1. CURLEY, J.

Richard G. Dufrane and Laura K. Dufrane (the Dufranes) appeal from the circuit court's grant of su mmary judgment in favor of Mary J. Pietrowski on her cause of action to enforce a restrictive covenant which she claimed prohibited the Dufranes from constructing a detached, two-car garage on their property. The Dufranes argue that the circuit court erred in granting Pietrowski's motion for summary judgment because: (1) Pietrowski waived the right...

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