Restrictive Covenant Enforcement

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WI Court of Appeals – District IV

Case Name: C&B Investments v. James Murphy, et al.

Case No.: 2017AP723

Officials: Lundsten, P.J., Blanchard, and Kloppenburg, JJ.

Focus: Restrictive Covenant Enforcement

C & B Investments appeals an order that dismissed its lawsuit seeking to enforce a restrictive covenant applicable to all lots within a subdivision it had developed. The issues presented on appeal are whether a treehouse that respondents James Murphy and Rebecca Richards-Bria built on their lot qualified as a “structure” within the meaning of the covenant so as to require preapproval, or otherwise violated local ordinances that may have been incorporated into the covenant. We conclude that the treehouse constituted a structure within the meaning of the covenant, and accordingly reverse the circuit court’s order.

C & B Investments also seeks compensation for costs, expenses, and legal fees of enforcement. It is premature to decide that claim, however, because the circuit court has not yet ruled on a number of defenses and a counterclaim that were raised before it. Rather, we will remand this matter to the circuit court for further proceedings.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.