2009AP2154 Cabinet Ingenuity & Design LLC v. Village Park Development LLC, et al.

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Property
Landlord-tenant; breach; damages; attorney fees

This case involves a contract dispute between a landlord, Village Park Development, LLC, and a tenant, Cabinet Ingenuity & Design, LLC, regarding a short-term commercial lease.[1] After a trial to the court, the court concluded in an oral ruling and written judgment and order that both the landlord and tenant breached the lease and were liable for damages. The tenant appeals the judgment and order, and also the order denying its motions for reconsideration and for a new trial, arguing that: (1) the landlord’s breaches were material, excusing the tenant’s nonperformance in failing to take occupancy and pay rent; (2) the court erred in calculating the damages to which the tenant was entitled; and (3) the court erred in not awarding it attorney fees and actual costs pursuant to the terms of the lease.

We affirm the circuit court on all three issues, on the grounds that (1) the court reasonably interpreted its own ambiguous judgment and order as having provided that the landlord’s breaches were not material, and the findings of nonmateriality are not clearly erroneous, (2) the court’s findings regarding damages are not clearly erroneous, and (3) the tenant’s arguments regarding attorney fees are not developed. Not recommended for publication in the official reports.

2009AP2154 Cabinet Ingenuity & Design LLC v. Village Park Development LLC, et al.

Dist IV, Portage County, Finn, J., Blanchard, J.

Attorneys: For Appellant: Golla, Russell T., Stevens Point; Fuller, Richard H., Stevens Point; For Respondent: Ackermann, Sara J., Wausau

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