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GORDIE BOUCHER LINCOLN-MERCURY v. J & H LANDFILL

No. 91-2185.

172 Wis.2d 333 (1992)

493 N.W.2d 375

GORDIE BOUCHER LINCOLN-MERCURY MADISON INC., a Wisconsin corporation, Plaintiff-Appellant, v. J & H LANDFILL, INC., a Wisconsin corporation, and Browning-Ferris Industries of Wisconsin, Inc., a Wisconsin corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 5, 1992.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Thomas M. Pyper and K. Michael Cooley of Whyte & Hirschboeck, S.C., of Madison.

For the defendants-respondents the cause was submitted on the brief of David J. Pliner, John W. Markson, and Stephen J. Nording of Bell, Metzner, Gierhard & Moore, S.C., of Madison.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

EICH, C.J.

Gordie Boucher Lincoln-Mercury appeals from an order denying his1 motion for specific performance of a contract subdividing a parcel of real estate for which final plat approval has not been obtained. The dispositive issues is whether Boucher may obtain performance of the contract in the face of a statute imposing criminal penalties on the seller for conveying such unapproved parcels. We hold that he may not, and we affirm the...

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