2009AP2741 Patti-Marshall LLC v. Austin, et al.

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Antitrust
Restraints on trade; homeowner associations

Patti-Marshall, LLC, appeals from a summary judgment order dismissing Delighla Sebastian-Brehm from this multi-claim lawsuit arising from a dispute among members of a homeowners’ association. Patti-Marshall contends there are material facts in dispute regarding whether Sebastian-Brehm engaged in a conspiracy to restrict trade by: (1) serving on the association board when it voted to ban the publication of asking prices on “for sale” signs in the subdivision; and/or (2) verbally agreeing with her parents, who held the controlling votes in the homeowners’ association, that the advertising prohibition was a good idea. Sebastian-Brehm asserts that the appeal is frivolous and seeks an award of costs, fees, and attorney fees pursuant to Wis. Stat. Rule 809.25(3)(c) (2007-08). For the reasons discussed below, we affirm the order of the circuit court, but deny the motion for attorney fees. This opinion will not be published.

2009AP2741 Patti-Marshall LLC v. Austin, et al.

Dist IV, Dodge County, Pfitzinger, J., Per Curiam

Attorneys: For Appellant: Deutch, Alan H., Fox Point; McAlister, James L., Fox Point; For Respondent: Mingo, Mark J., Milwaukee; Yuan, Jenny, Milwaukee

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