WISCONSIN MALL PROPERTIES, LLC v. YOUNKERS, INC.

No. 2005AP323.

288 Wis.2d 463 (2005)

2005 WI App 261

707 N.W.2d 886

WISCONSIN MALL PROPERTIES, LLC, a Delaware Limited Liability Company, Plaintiff-Appellant, v. YOUNKERS, INC., Saks, Inc. and Parisian, Inc., Defendants-Respondents, CITY OF GREEN BAY and City of Green Bay Redevelopment Authority, Intervenors-Respondents.

Court of Appeals of Wisconsin.

Decided November 1, 2005.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Gregory B. Conway and Tony A. Kordus of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay. There was oral argument by Gregory B. Conway.

On behalf of the defendants-respondents, the cause was submitted on the joint brief of Alan H. Marcuvitz of Michael Best & Friedrich, LLP of Milwaukee, and Gerald L. Angst of Sidley Austin Brown & Wood, LLP of Chicago, Illinois. There was oral argument by Alan H. Marcuvitz and Gerald L. Angst.

On behalf of the intervenors-respondents, the cause was submitted on the joint brief of Allison C. Swanson, assistant city attorney, of Green Bay, and Benjamin Southwick of Richland Center. There was oral argument by Allison C. Swanson and Benjamin Southwick.

Before Cane, C.J., Hoover, P.J., and Peterson, J.


¶ 1. CANE, C.J.

Wisconsin Mall Properties, LLC, (Mall) appeals an order from the circuit court granting summary judgment in favor of Younkers, Inc.,1 and intervenors the City of Green Bay and the City of Green Bay Redevelopment Authority (collectively the "City"). The Mall argues the circuit court erred by granting summary judgment because (1) an action for breach of contract was not precluded...

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