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WHEDA v. BAY SHORE APARTMENTS

No. 93-1825.

200 Wis.2d 129 (1996)

546 N.W.2d 480

(90-CV-534) WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY, Plaintiff-Respondent, v. BAY SHORE APARTMENTS, Defendant-Appellant, Peter H. KNAUP, Defendant. (90-CV-535) WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY, Plaintiff-Respondent, v. FLAGSHIP, Defendant-Appellant, Peter H. KNAUP, Defendant.

Court of Appeals of Wisconsin.

Decided February 8, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of John A. Erich of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Lawrence Bensky and Robert J. Dreps of La Follette & Sinykin of Madison.

Before Gartzke, P.J., Dykman and Sundby, JJ.

GARTZKE, P.J.

Bay Shore Apartments and Flagship are Wisconsin limited partnerships. They appeal from a declaratory judgment in favor of Wisconsin Housing & Economic Development Authority (WHEDA). Each partnership mortgaged real estate to WHEDA. The judgment declared that under ch. 234, STATS., and under the contracts between the parties, upon satisfaction of the mortgages, Bay Shore's and Flagship's "replacement reserve funds shall be disbursed first to the limited...

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