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BAIERL v. MCTAGGART

No. 98-3329.

245 Wis.2d 632 (2001)

2001 WI 107

629 N.W.2d 277

Robert J. BAIERL, d/b/a Supreme Builders, Plaintiff-Appellant, v. John McTAGGART and Susan McTaggart, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided July 11, 2001.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by David R. Sparer, Jason H. Klimowicz and King Street Law Collective, Inc., Madison, and oral argument by David R. Sparer.

For the plaintiff-appellant there was a brief by Thomas L. Frenn, Roy H. Nelson and Petrie & Stocking S.C., Milwaukee, and oral argument by Thomas L. Frenn.

An amicus curiae brief was filed by Teel D. Haas, assistant legal counsel, Wisconsin Department of Agriculture, Trade and Consumer Protection, and oral argument by Teel D. Haas.

An amicus curiae brief was filed by Laurence J. Dupuis, Jeffrey R. Myer, Mark A. Silverman and Legal Action of Wisconsin, Inc., Milwaukee, on behalf of Legal Action of Wisconsin, Inc.

¶ 1. ANN WALSH BRADLEY, J.

The defendant-tenants, John and Susan McTaggart (McTaggarts), seek review of a published decision of the court of appeals reversing the circuit court's grant of summary judgment in their favor.1 The McTaggarts assert that the landlord-plaintiff, Robert Baierl (Baierl), d/b/a Supreme Builders, may not enforce a residential lease that includes a provision which is specifically prohibited by Wis. Admin. Code...

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