By: WISCONSIN LAW JOURNAL STAFF//May 1, 2012//
Brooks Letourneau appeals a judgment dismissing his counterclaims after a bench trial. Voyager Village P.O.A., Inc. (the Association) sued Letourneau for unpaid property owners association annual lot dues. Letourneau counterclaimed, alleging common law and statutory misrepresentation claims and breach of contract. Letourneau claimed he was misled to believe that his purchase of additional adjacent vacant lots would not result in additional, per lot, annual dues. We agree with the circuit court that Letourneau’s common law claims are barred by the economic loss doctrine, that the statutory claims fail because the real estate agent was acting as an independent contractor, and that the contract claims fail because Letourneau may not rely on parol evidence. We therefore affirm. This opinion will not be published.
2011AP1097 Voyager Village P.O.A. Inc. v. Letourneau
Dist III, Burnett County, Kutz, J., Per Curiam
Attorneys: For Appellant: Eichhorn Hicks, Tracy R., Minneapolis, Minn.; For Respondent: Lein, Curtiss N., Hayward