Rental Losses – Court Error

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WI Court of Appeals – District I

Case Name: Pranke Holding LLC, v. State of Wisconsin Department of Transportation

Case No.: 2018AP1646

Officials: Brash, P.J., Kessler and Dugan, JJ.

Focus: Rental Losses – Court Error

Pranke Holding, LLC (Pranke Holding) appeals an order of the trial court dismissing its claim against the State of Wisconsin Department of Transportation (DOT). Pranke Holding owns commercial property which was leased to Bravo Restaurants, Inc. (Bravo). The DOT acquired a portion of those leased premises in 2012 through its eminent domain powers. Bravo subsequently terminated its lease with Pranke Holding in March 2014, more than two years before the expiration date of the lease term.

Pranke Holding filed the lawsuit underlying this appeal in October 2015 against the DOT seeking rental losses. After a court trial held in May 2018, the trial court determined that Pranke Holding had failed to meet its burden of proof for its claimed rental losses, noting that some of Pranke Holding’s claimed losses were not compensable, and dismissed the case. Additionally, prior to the trial the court had granted partial summary judgment in favor of the DOT with regard to an amended claim for rental losses filed by Pranke Holding, finding that it was not timely filed. The court also rejected Pranke Holding’s motion for reconsideration on that ruling.

Pranke Holding contends that the trial court erred in all of those determinations. We conclude that the trial court did not err in holding that Pranke Holding failed to meet its burden of proof regarding its claim, and therefore we need not reach Pranke Holding’s other arguments. Accordingly, 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.