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BUEHRENS v. SCHAVE

Appeal No. 2019AP1649.

951 N.W.2d 640 (2020)

2020 WI App 75

Daniel BUEHRENS, Wendy Buehrens, John Lettau, Barbara Lettau, Nathan Heisler, Mark Ellingen, Debra Ellingen, Hopper Trust, Stephen Malin, Janice Malin, Walter Sinisi, Ann Marie Sinisi, Robert Binning, Mary Binning, Mary J. Wendels, Jeffrey Nelson, Thomas Tobin, Roberta Tobin, Alexander Ullenberg, Amy Ullenberg, Stephan Cloutier, Brigitte Cloutier, Justin Garrett, April Garrett, Nicholas Moore, Kathleen Moore and Betty Dunn, Plaintiffs-Appellants, All American Trust, Daniel Nett, Ambra Nett, Scott Gilgenbach, Jo Gilgenbach and Jean Rusch, Plaintiffs, v. Michael SCHAVE and Rochelle Schave, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed: October 7, 2020.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Steven P. Sager of Sager Law Office, S.C., Fond du Lac.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael Lim and Emily Z. Dunham of Reff Baivier Lim Muza Sundet & Dunham, S.C., Oshkosh.

Before Neubauer, C.J., Reilly, P.J., and Davis, J.

¶1 The question presented is whether a large structure in a residential subdivision qualifies as a "garage" under the subdivision's restrictive covenant. The undefined "garage" is ambiguous, as it limits neither the size nor structure. Because purported restrictions in covenants must be in clear, unambiguous and peremptory terms...

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