By: Derek Hawkins//May 9, 2017//
WI Court of Appeals – District I
Case Name: 200 Broadway LLC
Case No.: 2016AP273
Officials: Brennan, P.J., Brash and Dugan, JJ.
Focus: Violation of City Ordinance – Lost Profits
200 Broadway, LLC, appeals an order of the trial court granting summary judgment in favor of the City of Milwaukee on 200 Broadway’s claim for damages for lost profits. The claim was the result of the City informing 200 Broadway that it would be in violation of a City ordinance if it utilized its property as a parking lot during Summerfest in June and July of 2013. 200 Broadway argues that existing Wisconsin law is not clear as to whether an alleged violation of a City ordinance can preclude a business from recovering lost profits, and therefore summary judgment was not appropriate. 200 Broadway further contends that there are disputed material facts that mandate reversal of the summary judgment order. In contrast, the City contends that there is good, albeit old, case law that prohibits the award of damages for lost profits from an unlawful business. The trial court agreed, and granted summary judgment in favor of the City. We affirm.