Property Dispute – Ownership – Reimbursement of Litigation Costs

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WI Court of Appeals – District IV

Case Name: Douglas A. Larson, et al. v. Castle at the Bay, LLC, et al.

Case No.: 2018AP176

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

Focus: Property Dispute – Ownership – Reimbursement of Litigation Costs

This appeal involves a dispute between Douglas Larson and FLS, LLP (collectively, “Larson”), a Sunset Condominiums owner, and the Sunset Condominiums at Northern Bay Owners Association (the Owners Association). Larson seeks reimbursement from the Owners Association for the cost of litigation that Larson contends benefited all Sunset Condominiums owners. The litigation involved Larson commencing an action to establish that Sunset Condominiums owners were the owners of a sewer system that is used by Sunset Condominiums after two neighboring businesses claimed ownership. Following protracted litigation, including a prior appeal, see Larson v. Castle at the Bay, LLC, No. 2014AP895, unpublished slip op. ¶1 (WI App Dec. 11, 2014), Larson prevailed and obtained a declaration that Sunset Condominiums owners are the exclusive owners of the sewer system. Larson then moved for an order directing the Owners Association to reimburse him for litigation costs. The circuit court denied that request, and Larson appeals. We affirm the circuit court.

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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.