Casenotes

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.


03/16/2016 - 1:09pm

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’)...

03/16/2016 - 1:04pm

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...

03/15/2016 - 4:04pm

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....

03/09/2016 - 1:51pm

Summary: The Illinois Supreme Court recognized that an engineering company was entitled to a mechanics lien on property where the company surveyed, drafted and recorded a plat of subdivision, because the services constituted an improvement on the property.

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02/24/2016 - 4:46pm

Summary: The circuit court properly exercised its discretion under Wis. Stat. § 860.13 by approving a sale of real property owned by an estate to one of the estate’s personal representatives and her son.

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In re Estate of Stevens, 362 Wis.2d 484, 864 N.W....

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