PIETROWSKI V. DUFRANE 634 N.W.2d 109 (2001) CASE BRIEF

PIETROWSKI V. DUFRANE

634 N.W.2d 109 (2001)

NATURE OF THE CASE: Dufrane (D) appealed an order granting summary judgment to Pietrowski (P) in P's action to enforce a restrictive covenant.

FACTS: D purchased a single-family residence with an attached two-and-one-half car garage. D then procured a building permit for the construction of an additional 440-square-foot building on their property. D began constructing a detached two-and-one-half car garage on their property and immediately adjacent to P's property. During construction, P notified D that the garage violated restrictive covenants. P sued D to enforce the restrictive covenant and to have the garage razed. D countered that P had in fact violated the same covenant by constructing one single family residence and one garage. D also argued that numerous other violations of the restrictive covenant demonstrated a change in the character of the neighborhood, indicating that the restrictive covenant had been abandoned. Both filed summary judgment motions. The court awarded P the judgment and D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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