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DECADE 80-I, LTD. v. PDQ FOOD STORES, INC.

No. 98-0810.

226 Wis.2d 42 (1999)

593 N.W.2d 94

DECADE 80-I, LTD., by Jeffrey Keierleber, its general partner, Plaintiff-Appellant, v. PDQ FOOD STORES, INC. OF MADISON, and Nash-Finch Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 24, 1999.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Steven P. Bogart and Colleen D. Ball of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Chris J. Trebatoski of Michael Best & Friedrich of Milwaukee.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

This case is about a retail store tenant's rights when its landlord fails to repair potholes in the parking lot and the lease contains a provision requiring the landlord to maintain the parking area. When the landlord did not repair the potholes after the tenant notified the landlord that the potholes were a problem, the tenant quit paying rent and vacated. The landlord sued for the rent. The tenant claimed the landlord had breached the lease, entitling...

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