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SOLOWICZ v. FORWARD GENEVA NAT., LLC

No. 2008AP10.

780 N.W.2d 111 (2010)

2010 WI 20

Mark J. SOLOWICZ, Jesse E. Soltis and Stephen J. Havey, Plaintiffs-Appellants-Petitioners, v. FORWARD GENEVA NATIONAL, LLC, Geneva National Trust, Geneva National Sales Center, LLC, Geneva National Retail Corp., Geneva National Community Assoc., Inc., Geneva National Condominium Master Assoc., Inc., Geneva Woods, Inc., Harlow GN, LLC, Lowell Management Services, Inc., GN Storage II, LLC, Lowell Properties, LLC, Geneva National Community Services, LLC, Geneva National Development Corp., Foxwood at Geneva National, LLC, Bayside Pointe Land Development, LLC, and Paloma Geneva National, LLC, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided March 24, 2010.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Martin J. Greenberg, Brad L.F. Hoeschen, Jordana Thomadsen, Jill Draeger, and Greenberg & Hoeschen, LLC, Madison, and oral argument by Brad L.F. Hoeschen.

For the defendants-respondents there was a brief by John P. Brady, Bryan W. Edgar, and Weiss Berzowski Brady LLP, Delafield, and oral argument by John P. Brady.

An amicus curiae brief was filed by J. Bushnell Nielsen, Rebecca Leair, and Reinhart Boerner Van Deuren S.C., Delafield, on behalf of the Wisconsin REALTORS® Association, and oral argument by J. Bushnell Nielsen.

¶ 1 PATIENCE DRAKE ROGGENSACK, J.

We review a decision of the court of appeals1 affirming the circuit court's decision2 granting summary judgment in favor of Forward Geneva National, LLC, and other defendants (collectively, the Developer) and denying plaintiffs' motion for summary judgment. Both the circuit court and the court of appeals agreed that the "Declaration...

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