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NATURE CONSERVANCY OF WIS., INC. v. ALTNAU

No. 2007AP1752.

756 N.W.2d 641 (2008)

2008 WI App 115

The NATURE CONSERVANCY OF WISCONSIN, INC., Plaintiff-Respondent, v. Ronald L. ALTNAU, Defendant-Appellant, Eileen E. Hunzinger, Eugene F. McEssey And Marion L. McEssey, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed June 18, 2008.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of William H. Gergen of Gergen, Gergen & Pretto, S.C., Beaver Dam.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas L. Shriner, Jr., and Leon W. Todd III of Foley & Lardner LLP, Milwaukee.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 BROWN, J.

This appeal concerns a real property agreement entered into in 1967. This agreement gave a right of first refusal on one property to owners of adjoining properties and stated that this right belonged to these property owners and their "heirs, successors and assigns." The key issue in this case is whether this right of first refusal could be transferred to just anybody or whether it could only be transferred along with one of the adjoining properties...

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