Restrictive Covenants

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WI Court of Appeals – District III

Case Name: Stephan B. Nordstrom, et al., v. Steven G. Kane, et al.,

Case No.: 2020AP1942

Officials: Stark, P.J., Hruz and Nashold, JJ.

Focus: Restrictive Covenants

Steven Kane, Jacqueline Kane, and Cottage Row Properties, LLC, appeal a summary judgment granted in favor of Stephan Nordstrom, Graycliffe LLC, Carl Curry, and Cynthia Curry (collectively, “the Objectors”). Cottage Row Properties—of which Steven and Jacqueline Kane are the sole members—owns a parcel of land in Door County known as Tract 54. Cottage Row Properties attempted to convert Tract 54 into a site condominium comprised of three units, each of which would contain one single-family residence. The Objectors contend—and the circuit court agreed—that the condominium conversion violated restrictive covenants applicable to Tract 54, which prohibited that property from being divided into additional tracts. We too conclude that the condominium conversion violated the restrictive covenants. We therefore affirm the court’s grant of summary judgment in favor of the Objectors.

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Derek A Hawkins is Corporate Counsel, at Salesforce.