Court Error – Factual Findings

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WI Court of Appeals – District IV

Case Name: Sean Dilweg, et al. v. Carlisle/Picatinny Family Housing L.P.,

Case No.: 2016AP2169

Officials: Lundsten, P.J., Sherman and Blanchard, JJ.

Focus: Court Error – Factual Findings

Carlisle/Picatinny Family Housing L.P., Fort Bliss/White Sands Missile Range Housing L.P., Fort Detrick/Walter Reed Army Medical Center Housing LLC, Stewart Hunter Housing LLC, Monterey Bay Military Housing LLC, Monterey Bay Land LLC, Meade Communities LLC, Bragg Communities LLC, Polk Communities LLC, Rucker Communities LLC, Riley Communities LLC, Fort Lee Communities LLC and Fort Leavenworth Frontier Heritage Communities, II, LLC (collectively the military housing developers or the MHPI Projects) appeal an order entered by the circuit court in the ongoing rehabilitation proceeding for the Segregated Account of Ambac Assurance Corporation. The circuit court issued the order at the request Wisconsin Insurance Commissioner (the rehabilitator), to clarify or declare the meaning of certain provisions contained in prior orders of the court. For the reasons discussed below, we affirm the circuit court’s order (the clarification order).

The MHPI projects challenge the circuit court order on three grounds: (1) that it constitutes an improper advisory opinion; (2) that it includes factual findings that were unsupported by the record and made without holding an evidentiary hearing; and (3) that its findings with regard to collateral damage are inconsistent with the facts that exist today. We address each argument in turn.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.