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STATE OF WISCONSIN COUNTY COURT ���i� BURN T COUNTY <br /> ----------------------------------------- ---------- --1- ------------ --------- <br /> Voyager Village Property <br /> Owners Association, ) Of <br /> Plaintiff, <br /> Ot. Wise-Ot 1 I <br /> VS. ) DEFENDANT nr AURN <br /> Andrew and Betty Johnson <br /> and ) I% <br /> Robert C. Schwinghammer and ) <br /> Theresa A. Schwinghammer, <br /> Case No. 1K OF <br /> Defendants. ) <br /> ----------------------------------------------------------------------------------- <br /> STATEMENT OF FACTS <br /> Defendants, Andrew and Betty Johnson, and Robert and Theresa Schwinghammer, <br /> purchased separate lots in the Voyager Village Recreation Area in the fall of 1972. <br /> Prior to their purchases, the two defendants (whose replies will be consolidated <br /> in this brief) discussed in detail with Voyager Village salesmen their plans for <br /> the use of the lots. These plans specifically included the use of the lots as <br /> weekend vacation retreats. When asked about the permissibility of leaving travel <br /> trailers on the lots on a full-time basis, the Voyager Village salesmen pointed <br /> to trailers then being left on lots and stated such a situation was and would <br /> continue to be permissible. Neither defendant was informed of or shown regulations <br /> prohibiting storage of "camping equipment" when not "in use" until after their <br /> purchase of the lots. No covenants or restrictions to this effect were brought <br /> to the defendants' attention prior to this purchase. <br /> At the time of the signing of the deeds to the lots, defendants received <br /> a purported notice of the existence of restrictive covenants by the "warranty" <br /> portion of the deed, which stated covenants and restrictions of record were to be <br /> excluded from the deed's warranty. This exception to the "warranty" was the extent <br /> of the disclosure of the terms of the restrictive covenants made to defendants at <br /> the time of their purchase. <br /> Defendants' travel trailers were parked on their lots at the times specified <br /> in plaintiff's complaint, giving rise to alleged covenant violations that are the <br /> subject of this action. <br /> ARGUMENT <br /> The Court has outlined three issues to be dealt with in the counsel's briefs. <br /> These issues will be considered here in order. The first issue is, I. Can Voyager <br /> Village legally enforce the covenants in the document entitled "Declaration of <br /> Covenants and Restrictions for Voyager Village Subdivisions and Additions, Burnett <br /> County, State of Wisconsin?" Defendants assert that as a matter of law the <br />