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Property Keyed to Saxer
Pietrowski v. Dufrane
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Richard G.Dufrane and Laura K. Dufrane (Defendants) purchased a single-family residence in May 1998. The residence had a two-and-one-half car garage attached to it. The property was located in the Brookdale subdivision, and was subject to a restrictive covenant that allowed no more than one family dwelling and one private garage on each lot. Shortly afterwards, Defendants constructed a detached two-and-one-half car garage, in a corner adjacent to Mary J. Pietrowski’s (Plaintiff) property. Plaintiff sued, asking the circuit court to issue an order requiring the garage to be razed. In defense, Defendants argued that Plaintiff had waived her right to enforce the restrictive covenant by violating it herself, and that there was a change in character of the neighborhood that suggested the restrictive covenant had been abandoned. At the time, Plaintiff and many other homeowners in the subdivision had built sheds on their lots, in addition to their dwellings and garages. The circuit court rejected the defenses and ordered Defendants to raze the garage.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.