Legal Opinion · Dissent

Walworth State Bank v. Abbey Springs Condominium Association, Inc.

Wisconsin Supreme Court

Decided April 29, 2016No. 2014AP000940Published

1DissentShirley S. Abrahamson, J.

¶ 31. (dissenting). I agree with the result reached by the court of appeals. The majority opinion asserts that Abbey Springs' policy violates "well-established foreclosure law."1 Asserting that something is "well-established" does not mean it is, in fact, "well-established." The majority opinion fails to prove its assertion.

¶ 32. Let's look at the facts. Abbey Springs, a condominium association, adopted a policy barring an owner of a condominium unit from using certain rec*93reational facilities if "regular monthly or special assessment [s]" are more than 90 days past due, unless the unpaid…

2Cases cited9 opinions

  1. Dorr v. Sacred Heart HospitalCourt of Appeals of Wisconsin · 1999
  2. Highland Lakes Country Club & Community Ass'n v. FranzinoSupreme Court of New Jersey · 2006
  3. Gister v. American Family Mutual InsuranceWisconsin Supreme Court · 2012
  4. James Ex Rel. James v. Burlington Northern, Inc.Supreme Court of Iowa · 1998
  5. Apple Valley Gardens Ass'n v. MacHuttaWisconsin Supreme Court · 2009

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