Pietrowski v. Dufrane
Wisconsin Court of Appeals
634 N.W.2d 109 (2001)
The Dufranes (defendants) bought a home already subject to a restrictive covenant limiting each lot to one dwelling and one private garage, then built a second, detached garage next to neighbor Pietrowski's (plaintiff) property; Pietrowski sued to have the garage razed, and the Dufranes defended on grounds that Pietrowski had waived enforcement by failing to object to others' violations, by violating the covenant herself (having built a storage shed), and that widespread minor violations throughout the subdivision showed the covenant had been abandoned. The circuit court rejected all three defenses and ordered the garage razed, and the Dufranes appealed.
Whether a slight violation of a restrictive covenant defeats a homeowner's right to object to another owner's material violation of the same covenant.