Property — landlord-tenant — misrepresentation

By: WISCONSIN LAW JOURNAL STAFF//August 1, 2012//

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Wisconsin Court of Appeals

Civil

Property — landlord-tenant — misrepresentation

Midwest Hospitality, LLC (hereafter MH), appeals from an order granting Amjad Tufail damages for MH’s breach of a commercial lease. MH argues that the undisputed evidence is that Tufail materially breached the lease because his representation that no zoning laws restricting MH’s operation of a Church’s Chicken fast-food restaurant on the leased premises was false. We reverse the order and conclude that MH’s early termination of the lease was justified by Tufail’s misrepresentation. We remand for disposition of MH’s counterclaims. This opinion will not be published.

2011AP1451 Tufail v. Midwest Hospitality LLC, et al.

Dist I/II, Milwaukee County, Pocan, J., Per Curiam

Attorneys: For Appellant: Hale, Christopher T., Milwaukee; Condon, Jacques C., Milwaukee; Frank, Andy G., Milwaukee; For Respondent: Rose, Douglas W., Milwaukee; Hale, Christopher T., Milwaukee; Frank, Andy G., Milwaukee

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