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GREAT LAKES EXCAVATING v. DOLLAR TREE

No. 2019AP2095.

976 N.W.2d 506 (2022)

2022 WI 44

GREAT LAKES EXCAVATING, INC., Plaintiff-Appellant-Petitioner, v. DOLLAR TREE STORES, INC., Defendant-Respondent, AMCON Design and Construction Co., LLC, Riverworks Development Corporation and John H. Burkemper, Defendants, Riverworks City Center, LLC, Intervenor-Respondent.

Supreme Court of Wisconsin.

Opinion Filed: June 22, 2022.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner, there were briefs filed by John E. Machulak and Machulak, Robertson & Sodos, S.C., Milwaukee. There was an oral argument by John E. Machulak .

For the intervenor-respondent, there was a brief filed by Steven J. Slawinski , Jessica K. Haskell and O'Neil, Cannon, Hollman, DeJong & Laing S.C., Milwaukee. There was an oral argument by Steven J. Slawinski .

REBECCA GRASSL BRADLEY, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., ROGGENSACK, HAGEDORN, and KAROFSKY, JJ., joined. DALLET, J., filed a dissenting opinion, in which ANN WALSH BRADLEY, J., joined.

¶1 Great Lakes Excavating, Inc. (Great Lakes) seeks review of a court of appeals decision1 affirming an order of the circuit court,2 which granted partial summary judgment to Riverworks City Center, LLC (Riverworks) after finding Great Lakes fully waived its...

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