Standing to Sue

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WI Court of Appeals – District II

Case Name: Louis Pagoudis , et al., v. Marcus Keidl, et al.,

Case No.: 2020AP225

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

Focus: Standing to Sue

This case involves a run-of-the-mill fact pattern—buyer purchases house, discovers defects, and sues seller—complicated by a thorny standing issue stemming from the buyer’s having purchased and owned the property as three related but separate legal entities. The question now is which, if any, party has standing to sue the original seller, where one party contracted to purchase the property and the second initially took title before conveying title to the third.

The circuit court determined that none of these parties had standing—meaning that these transactions effectively destroyed whatever claims might otherwise exist against the seller. We conclude otherwise. Although the issue is clouded by inartful pleadings and a confusing series of procedural machinations, we conclude that at least one of these parties has standing to pursue these claims. The question of which party can pursue which claims will depend, in part, on facts further developed under the legal frameworks set forth herein. Accordingly, we reverse and remand for further proceedings.

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Derek A Hawkins is Corporate Counsel, at Salesforce.