Breach of Restrictive Covenant – Damages

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WI Court of Appeals – District II

Case Name: Village of Slinger v. Polk Properties, LLC, et al.

Case No.: 2017AP2244

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

Focus: Breach of Restrictive Covenant – Damages

Polk Properties, LLC and Donald J. Thoma (collectively Polk) challenge circuit court orders arising from their unlawful agricultural use of property zoned residential by the Village of Slinger at Polk’s request in 2006. Polk also recorded a restrictive covenant limiting the use of the property to residential. In December 2012, the circuit court issued an injunction prohibiting Polk from continuing agricultural activities. However, Polk’s agricultural use from 2009 to 2012 entitled it to pay lower property taxes from 2010 to 2013. Polk challenges the circuit court’s order subjecting Polk to daily forfeitures for the violation of zoning law and its related contempt order. Polk also appeals the circuit court’s determination that Polk’s breach of the restrictive covenant entitled the Village to recover as damages the difference between what Polk was taxed for agricultural use and what Polk should have been taxed at the residential rate for the years 2010 through 2013. The court rejected several additional attempts to challenge these orders and the court’s 2012 injunction. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.