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STATE v. FONK'S MOBILE HOME PARK & SALES, INC.

No. 82-2319.

117 Wis.2d 94 (1983)

343 N.W.2d 820

STATE of Wisconsin, Plaintiff-Appellant and Cross-Respondent, v. FONK'S MOBILE HOME PARK & SALES, INC., Defendant-Respondent and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided December 27, 1983.

Attorney(s) appearing for the Case

For the plaintiff-appellant and cross-respondent, the cause was submitted on the briefs and a supplemental brief of Bronson C. La Follette, attorney general, and Jonathan P. Siner, assistant attorney general.

For the defendant-respondent and cross-appellant, the cause was submitted on the briefs and a supplemental brief of Garth R. Seehawer of Foley, Foley & Seehawer, S.C., of Racine.

Before Scott, C.J., Brown, P.J., and Robert W. Hansen, Reserve Judge.

BROWN, P.J.

This is an action by the state alleging that Fonk's Mobile Home Park & Sales, Inc., placed unreasonable contractual restrictions on owners residing in its park. It maintained that the only way the owners could sell their mobile homes was through Fonk's—at a great monetary loss to the owners but at a great profit to Fonk's. The trial court dismissed the case, concluding that Fonk's had discontinued...

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