By: Derek Hawkins//August 30, 2017//
WI Court of Appeals – District I
Case Name: Midwest Development Corporation v. Milwaukee County
Case No.: 2015AP2634
Officials: Reilly, P.J., Gundrum and Hagedorn, JJ.
Focus: Constructive Eviction and Breach of Contract
Midwest Development Corporation (Midwest) appeals from a judgment dismissing its complaint. Milwaukee County (the County) cross-appeals from the judgment dismissing its counterclaim. We affirm the circuit court in all respects.
Midwest argues that it was constructively evicted when the County permitted Rock to enter the property to conduct testing and analysis for development and when Rock began modifying the property and adversely affecting Midwest’s improvements. Midwest argues that it was forced to negotiate the mitigation agreement with Rock to reduce its damages.
In a counterclaim, the County alleged that Midwest breached the lease’s maintenance and repair clause (paragraph twelve) because Midwest did not remedy damage to the site resulting from slope failure and erosion.