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2010AP108 Pheasant Run Condominium Homes Association, et al. v. City of Brookfield

By: WISCONSIN LAW JOURNAL STAFF//January 26, 2011//

2010AP108 Pheasant Run Condominium Homes Association, et al. v. City of Brookfield

By: WISCONSIN LAW JOURNAL STAFF//January 26, 2011//

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Condominiums
Private roads

Pheasant Run Condominium Homes Association, Chateau-In-The-Wood Homeowners Association, Inc., Meadowwood Court Condominium Association and Wilderness North Condominium Association, Inc., appeal the circuit court’s order for dismissal based on its grant of summary judgment in favor of the City of Brookfield. They claim that the City violated Wis. Stat. § 703.27(2) (2007-08)[1] and their rights to equal protection under the Wisconsin Constitution by treating condominium owners differently from other multifamily property owners, to their detriment, by refusing to plow, maintain or repair the private roads in their condominium developments. Because the City does not maintain private roads and because the City does not have any laws which treat condominium owners any differently from other property owners located on private roads, we affirm. Not recommended for publication in the official reports.

2010AP108 Pheasant Run Condominium Homes Association, et al. v. City of Brookfield

Dist II, Waukesha County, Hassin, J., Anderson, J.

Attorneys: For Appellant: Levine, Jonathan B., Milwaukee; Boeldt, Jessica L., Milwaukee; For Respondent: Gunta, Gregg J., Milwaukee; Reak, Kevin P., Milwaukee; Wirth, Ann C., Milwaukee;

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