This section contains all the casenotes published in our monthly newsletter, Casenotes & Underwriters' Bulletin, plus additional case law the ATG Underwriting Department identifies as noteworthy for ATG member agents.
Summary: An agreement for a right of first refusal that did not specify a termination date was determined to last until there was a sale of the property.
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MS Real Estate Holdings, LLC v. Donald P. Fox Family Trust, 2015 WI 49, 362 Wis.2d 258 (Wis. 2015...
Summary: Mortgagee-purchaser of a foreclosed condominium failed to extinguish the association's lien under 765 ILCS 605/9(g)(3), because it did not make a payment for assessments incurred after the sale. Therefore, mortgagee-purchaser was required to pay the prior owner's unpaid assessment fees...
Summary: The circuit court has discretion to modify an easement based on impossibility.
Muellenberg v. State Deptment of Transportation, 2015 WI App 48, 363 Wis. 2d 582, 866 N.W.2d 746.
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Facts: The Wisconsin Department of Transportation (‘WDOT’)...
Summary: A party cannot circumvent a ruling by filing a new complaint that raises identical legal and factual issues as the original complaint.
Grant v. Bank of New York Mellon Trust Co., 30 N.E.3d 733 (Ind. App. 2015).
Facts: On January 28, 2004, Demetrius and...
Summary: A breached contract for sale of real property was an enforceable contract that entitled the broker to its commission.
Ash Park, LLC v. Alexander & Bishop, LTD., 866 N.W.2d 679 (Wis. 2015).
Facts: Ash Park, LLC, wanted to sell a parcel of vacant land....
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