Mark J. SOLOWICZ, Jesse E. Soltis and Stephen J. Havey, Plaintiffs-Appellants
v.
FORWARD GENEVA NATIONAL, Geneva National Trust, Geneva National Sales Center, LLC, Geneva National Retail Corp., Geneva National Community Assoc., Inc., Geneva National Condominium Master Assoc., Inc., Geneva Woods, Inc., Harlow GN, LLC, Lowell Management Services, Inc., GN Storage II, LLC, Lowell Properties, LLC, Geneva National Community Services, LLC, Geneva National Development Corp., Foxwood at Geneva National, LLC, Bayside Pointe Land Development, LLC and Paloma Geneva National, LLC, Defendants-Respondents.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on Briefs October 8, 2008.
Opinion Filed December 23, 2008.
Attorney(s) appearing for the Case
On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Martin J. Greenberg and Brad L.F. Hoeschen of Greenberg & Hoeschen, LLC of Milwaukee.
The cause was submitted on the brief of Respondent Geneva National Trust by John P. Brady and Bryan W. Edgar of Weiss Berzowski Brady, LLP of Delafield; Respondent Geneva National Community Association, Inc. by Lisle W. Blackbourn of Godfrey, Leibsle, Blackbourn & Howarth, S.C. of Elkhorn; Respondents Geneva Woods, Inc., Harlow GN, LLC, Lowell Management Services, Inc., GN Storage II, LLC, and Lowell Properties, LLC by David C. Williams of Harrison, Williams, McDonell & Swatek, LLP of Lake Geneva; Respondent Geneva National Condominium Master Association, Inc. by Thomas M. Devine of Hostak, Henzl & Bichler, S.C. of Racine.
A nonparty brief was filed on behalf of Wisconsin Realtors Association by J. Bushnell Nielsen of Reinhart Boerner Van Deuren S.C. of Waukesha.
Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.
Court of Appeals of Wisconsin.
¶ 1 BROWN, C.J.
The novel issue in this case is whether the Wisconsin Condominium Ownership Act, WIS. STAT. ch. 703 (2005-06),1 limits the duration of a developer's control over a master-planned community. In Wisconsin, a condominium developer may maintain control only for three years or until seventy-five percent of the units are sold, whichever comes first, or ten years for an expandable condominium. WIS.STAT. § 703.15(2)(c...
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