BREW CITY v. FERCHILL GROUP

No. 2004AP3238.

724 N.W.2d 879 (2006)

2006 WI 128

BREW CITY REDEVELOPMENT GROUP, LLC, Plaintiff-Appellant, v. The FERCHILL GROUP, John T. Ferchill, Wispark, LLC, Jerold P. Franke, Juneau Avenue Partners, LLC, JTMK-Pabst, Ltd., Highland Best, LLC, ABC Company, Inc., or Partnership, and DEF Company, Inc. or Partnership, Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided December 13, 2006.


Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there were briefs by Matthew W. O'Neill and Friebert, Finerty & St. John, S.C., Milwaukee; R. Ryan Stoll and Skadden, Arps, Slate, Meagher & Flom, LLP, Chicago, IL, and oral argument by Matthew W. O'Neill.

For the plaintiff-appellant there was a brief by William M. Cannon, Sarah F. Kaas, Brett A. Eckstein, and Cannon & Dunphy, S.C., Brookfield, and oral argument by William M. Cannon.

An amicus curiae brief was filed by Joseph D. Kearney and Appellate Consulting Group, Milwaukee, on behalf of Wisconsin Manufacturers and Commerce.

An amicus curiae brief was filed by Debra P. Conrad and Thomas D. Larson, Madison, on behalf of the Wisconsin Realtors Association.

An amicus curiae brief was filed by William C. Gleisner, III and the Law Offices of William Gleisner, Milwaukee; E. Campion Kersten and Kersten & McKinnon, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.

An amicus curiae brief was filed by Timothy M. Hansen and Michael Best & Friedrich LLP, Milwaukee, on behalf of the National Association of Industrial and Office Properties, Wisconsin Chapter and the Wisconsin Builders Association.


¶ 1 ANN WALSH BRADLEY, J.

This is a review of a published court of appeals decision affirming in part and reversing in part an order of the Circuit Court of Milwaukee County. That order dismissed, with limited right to replead, the complaint filed by Brew City Redevelopment Group, LLC, against the Ferchill Group, John T. Ferchill, Wispark, LLC, Jerold P. Franke, Juneau Avenue Partners, LLC, JTMK-Pabst, Ltd., Highland Best, LLC, and other unknown entities (collectively...

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