Declaratory Judgment – Notice – Contract Enforcement

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WI Court of Appeals – District II

Case Name: Wilson Land Holdings, LLC v. Town of Wilson

Case No.: 2015AP700

Officials: Neubauer, C.J., Gundrum and Hagedorn, JJ

Focus: Declaratory Judgment – Notice – Contract Enforcement

The Town of Wilson appeals from a circuit court order granting Plaintiff Wilson Land Holdings, LLC’s (WLH) motion for partial summary judgment, denying the Town’s motion for partial summary judgment, and entering declaratory judgment in favor of WLH. The Town claims the circuit court erred in finding that the Town had actual notice sufficient to satisfy WLH’s WIS. STAT. § 893.80 (2013-14) notice of claim requirement, in holding that laches did not bar WLH’s claim related to the nonannexation provision at issue, and in concluding that all necessary parties had been joined in the action. The Town further contends the court erred in determining the nonannexation provision in its contract with WLH is unenforceable because it was not noted as an exception in the deeds to the property at issue. For the following reasons, we affirm.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.