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KENSINGTON DEVELOPMENT v. ISRAEL

No. 86-0846.

139 Wis.2d 159 (1987)

407 N.W.2d 269

KENSINGTON DEVELOPMENT CORPORATION and LRB Associates, Ltd., Plaintiffs-Appellants, v. Scott M. ISRAEL, Derald West, David P. Sweeney and Stephen L. Cleary, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 1, 1987.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Thomas D. Georgeson of Johnson, Brendemuehl & Georgeson of Oconomowoc and Mary Anne Gerstner of Burke, Griffin, Chomicz & Wienke, P.C., of Chicago, IL.

For the defendant-respondent, Scott M. Israel, the cause was submitted on the brief of James G. Allison of Whyte & Hirschboeck, S.C. of Milwaukee. For the defendant-respondent, Stephen L. Cleary, the cause was submitted on the brief of Edward A. Hannan and Maurita Houren of Godfrey, Trump & Hayes of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

At common law, a publication made in a judicial proceeding enjoys an absolute privilege from later charges of defamation. Because the legislature's slander of title statute, sec. 706.13, Stats., is contradictory to this common law, we hold that the filing of a lis pendens in this case enjoys only a conditional privilege. Since the trial court conferred an absolute privilege, we reverse and remand with directions...

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