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Property Law Keyed to Kurtz
Prah v. Maretti
Citation:
108 Wis. 2d 223 (1982)Facts
Glenn Prah constructed a residence with a solar heating system during 1978-1979, which included collectors on the roof to supply energy for heat and hot water. His home was the first built in the subdivision. After Prah built his home, Richard Maretti purchased the adjacent lot to the south and began planning to build a home. When Prah learned of Maretti’s plans, he advised Maretti that the proposed location would substantially and adversely affect his solar system by casting shadows on the collectors. Prah requested that Maretti locate his home several feet farther away from the lot line, but they failed to reach an agreement. The Architectural Control Committee of the subdivision and the Planning Commission of the City of Muskego approved Maretti’s plans, including the home’s location. Maretti began construction despite Prah’s objections. The problem arose from a combination of the grade and the distance of Maretti’s home from the lot line.
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