WI Court of Appeals – District I
Case Name: 312 East Wisconsin Building, LLC v. Project Build Behavioral Health, LLC
Case No.: 2022AP001399
Officials: White, C.J., Donald, P.J., and Dugan, J.
Focus: Breach of Contract-Landlord/Tenant
312 East Wisconsin Building, LLC (312 East) appeals from the order dismissing its breach of contract claim against Project Build Behavioral Health LLC (Project Build). 312 East argues that Project Build became responsible for a tenant’s obligations under a lease the tenant had with 312 East. It argues that, under a document entitled “Contribution and Securities Purchase Agreement” (the Contribution Agreement), all of the rights, title, and interest under the lease between 312 East and the tenant—ED Management, LLC (ED Management)—were “contributed” to Project Build. The appeals court concludes that 312 East neither sufficiently pled that the Contribution Agreement imposed the tenant’s obligations on Project Build, nor sufficiently pled how Project Build was a tenant by assignment of the lease when the lease had been earlier assigned to another entity.