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Right of Refusal – Damages

By: Derek Hawkins//November 21, 2021//

Right of Refusal – Damages

By: Derek Hawkins//November 21, 2021//

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WI Court of Appeals – District I

Case Name: Germania Real Estate Venture II LLC, v. Stir LLC,

Case No.: 2020AP493

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: Right of Refusal – Damages

Germania Real Estate Venture II LLC (“Germania”) and Germania Historic, LLC (“Historic”) appeal an order of the circuit court granting STIR LLC (“STIR”) damages arising from the breach of a commercial lease. Germania and Historic contend that the circuit court erred in finding that STIR had an enforceable right of first refusal under the lease and in its calculation of damages. We conclude that the lease, by its plain terms, granted STIR an enforceable right of first refusal. However, we reverse and remand this case for further factual findings regarding damages.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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