Commercial Real Estate

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WI Court of Appeals – District III

Case Name: Stellar Center – Hobart LLC v. OneLegacy Advisors, LLC

Case No.: 2022AP000716

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Commercial Real Estate

In June 2018, Stellar Center – Hobart LLC (“Stellar”) and OneLegacy entered into a lease of commercial real estate for a three-year period commencing on July 1, 2018, and terminating on June 30, 2021. OneLegacy experienced problems with the leased office space almost immediately, including inadequate air conditioning and internet service, unmaintained landscaping, and burned-out lights. These problems with the office space sometimes forced OneLegacy’s staff to work from home

Stellar appeals a circuit court order dismissing its complaint against OneLegacy Advisors, LLC, and Jasen Benton (collectively, “OneLegacy”) for breach of contract. Specifically, Stellar sought damages from OneLegacy for vacating its office space prior to the expiration of its lease with Stellar. Stellar argues that the circuit court erred in determining that OneLegacy had been constructively evicted and was therefore not responsible for paying rent after its eviction. OneLegacy cross-appeals the court’s dismissal of its counterclaim for monetary damages arising from Stellar’s breach of the lease. The appeals court rejects the arguments in both the appeal and cross-appeal.

Affirmed.

Decided 08/15/23

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