Contracts – breach

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Wisconsin Court of Appeals

Civil

Contracts – breach — specific performance

This case concerns an action brought by the Gary Poeppel Living Trust against Enbridge Pipelines LLC and Enbridge Energy, LP (hereinafter, Enbridge), seeking a declaration by the circuit court that Enbridge breached two easements and a subsequent agreement which gave Enbridge the right to install pipelines across the Trust’s property. The Trust sought an order of specific performance or alternatively money damages. The circuit court determined that Enbridge was in breach of contract and ordered Enbridge to specifically perform; however, the specific performance differed from that requested by the Trust. The Trust appealed and Enbridge cross-appeals. We affirm. Not recommended for publication in the official reports.

2012AP2198 Gary Poeppel Living Trust v. Enbridge Pipelines (Lakehead) LLC, et al.

Dist IV, Jefferson County, Hue, J., Sherman, J.

Attorneys: For Appellant: Moore, David C., Janesville; For Respondent: Pyper, Thomas M., Madison; Buchko, Cynthia L., Madison