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HALL v. GREGORY A. LIEBOVICH LIVING TRUST

No. 2006AP40.

731 N.W.2d 649 (2007)

2007 WI App 112

Stephen R. HALL, Judith K. Hall and Cedric Blazer, Plaintiffs-Appellants-Cross-Respondents, v. GREGORY A. LIEBOVICH LIVING TRUST restated on December 6, 1999 Gregory A. Liebovich, Trustee, Defendant-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed March 14, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants-cross-respondents, the cause was submitted on the briefs of Lisle W. Blackbourn and Michael J. Frazier of Godfrey, Leibsle, Blackbourn & Howarth, S.C. of Elkhorn.

On behalf of the defendant-respondent-cross-appellant, the cause was submitted on the briefs of Jacob P. Westerhof and Megan A. Senatori of DeWitt Ross & Stevens S.C. of Madison. There was a response brief to the nonparty brief of Wisconsin Association of Lakes, Inc. filed by Donald Leo Bach and Megan A. Senatori of DeWitt Ross & Stevens, S.C. of Madison.

A nonparty brief on behalf of Wisconsin Association of Lakes, Inc., was filed by William P. O'Connor and Mary Beth Peranteau of Wheeler, Van Sickle & Anderson, S.C. of Madison.

Before BROWN, NETTESHEIM and ANDERSON, JJ.

¶ 1 BROWN, J.

Gregory Liebovich purchased lakefront property, tore down the property's existing house, and built a new one. His neighbors, Stephen and Judith Hall and Cedric Blazer, complained that the new house is several feet too close to the lake, in violation of a restrictive covenant shared by all of their properties. The trial court agreed, but refused to issue an injunction ordering Liebovich to tear down the offending

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