Breach of Contract

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WI Court of Appeals – District II

Case Name: Robert Conway, et al., v. Lake Park Preserve, LLC, et al.

Case No.: 2017AP84

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Breach of Contract

Robert and Jill Conway appeal from a circuit court order granting summary judgment as to two claims and dismissing one of their claims. We affirm the circuit court in all respects. On appeal, the Conways pursue two claims the circuit court rejected on summary judgment: (1) the authority of the declarant and the Lake Park Condominium Association, Inc. (hereafter the Association) to require that unit owners rent a boat slip annually and (2) the authority of the Association to enter into an agreement with a neighbor of the Conways to construct a patio and outdoor entertainment area on a common element grassy area near the Conways’ unit. In addition to the claims rejected on summary judgment, the Conways pursue their breach of contract claim relating to the declarant’s auditing practices. The circuit court dismissed this claim because the Conways complaint failed to state a claim.

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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.