APPLE VALLEY GARDENS ASSOCIATION, INC., Plaintiff-Respondent,
v.
Gloria MacHUTTA and Steven MacHutta, Defendants-Appellants-Petitioners.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued October 7, 2008.
Decided March 27, 2009.
Attorney(s) appearing for the Case
For the defendants-appellants-petitioners there were briefs by Randall L. Nash and O'Neil, Cannon, Hollman, DeJong, S.C., Milwaukee, and oral argument by Randall L. Nash.
For the plaintiff-respondent there was a brief by Matthew R. Jelenchick, Brian A. Romans, and Niebler, Pyzyk, Klaver & Carrig LLP, Menomonee Falls, and oral argument by Matthew R. Jelenchick.
An amicus curiae brief was filed by Jonathan B. Levine, Jessica L. Boeldt and the Law Firm of Jonathan B. Levine, Milwaukee; and Daniel J. Miske and Petrie & Stocking SC, Milwaukee, on behalf of Community Associations Institute Wisconsin Chapter, Inc., and oral argument by Jonathan B. Levine.
An amicus curiae brief was filed by Thomas D. Larson, and Debra P. Conrad, Madison, on behalf of the Wisconsin REALTORS® Association, and oral argument by John A. Kassner III.
Supreme Court of Wisconsin.
¶ 1 MICHAEL J. GABLEMAN, J.
This is a review of a published decision of the court of appeals affirming the entry of summary judgment in favor of Apple Valley Gardens Association, Inc. (the "Association") by the Circuit Court for Waukesha County, Paul F. Reilly, Judge.1 Three issues are presented. First, may a condominium complex prohibit the rental of condominium units through an amendment to the bylaws, or must such a restriction...
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