De Novo Review Summary Judgment Issue of Material Fact.

Byline: Derek Hawkins

WI Court of Appeals District I

Case Name: The Lakes of Ville Du Parc Condominium Association, Inc., v. City of Mequon, et al.,

Case No.: 2020AP600

Officials: Reilly, P.J., Gundrum and Davis, JJ.

Focus: De Novo Review Summary Judgment Issue of Material Fact

This case involves open land, currently in a natural state, that was sold by the same seller twice. The seller is no longer in the picture, so the two buyers (or, more precisely, their successors and/or representatives) are left to wage this battle over the question of ownership. The Lakes of Ville Du Parc Condominium Association, Inc. (the Association) claims title on behalf of its members by virtue of a condominium declaration (Declaration) and survey map, prepared and recorded under WIS. STAT. 703.07 and 703.09 (2019-20) and designating the land as an "outlot" and part of the condominium "common elements." Thomas Weickardt purchased the land many years later without (he claims) notice of the Association's interest.

As the prior purchaser, the Association would ordinarily prevail as a matter of course, so long as its interest was recorded firstwhich it was, in 1984 and 1985, shortly after the Declaration and an amendment were prepared. Here, however, things are a bit more complicatedafter the Declaration was recorded (and long before the sale to Weickardt), the developer prepared and recorded a new survey map and caused the land to be recorded in the plat index under separate parcel identification numbers (PINs). The developer then purported to exercise a right it had under the Declaration to use a portion of the land to expand the adjoining country club's golf course and, in that event, convey the land back to itself from the unit owners, through a power of...

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