By: Derek Hawkins//June 22, 2016//
WI Court of Appeals – District IV
Case Name: James D Woodburn, Jr. v. Rock Solid Ventures, LLC
Case No.: 2015AP1870
Officials: Kloppenburg, P.J., Lundsten and Higginbotham, JJ.
Focus: Right of First Refusal – Foreclosure
This case involves a dispute over a right of first refusal that James Woodburn, Jr., and Scott Woodburn hold on property formerly owned by Robert Sutter. The dispute arose after the Sutter property went into foreclosure and was acquired upon foreclosure sale by Sutter’s nephew’s company, Rock Solid Ventures. The Woodburns argue that their right of first refusal applied to the foreclosure sale and that the circuit court should have granted them equitable relief in the form of requiring Sutter and Rock Solid to allow the Woodburns to acquire the property “on the same terms and conditions” under which Rock Solid acquired the property. Sutter and Rock Solid respond that the Woodburns’ right of first refusal did not apply to the foreclosure sale and that the Woodburns have not otherwise shown that they are entitled to the equitable relief they seek. We agree with Sutter and Rock Solid and, therefore, affirm.