William T. Stuart
Shareholder William T. Stuart maintains a dual practice in the areas of real estate and general business litigation. Most recently, his real estate litigation practice led to a groundbreaking decision from the Seventh Circuit Court of Appeals in favor of the landowners in a governmental takings case—a decision which countered national trends and reversed contrary authority in this jurisdiction. His transactional practice recently involved the development of a signature thirty story multi-use tower in downtown Milwaukee.
In his real estate practice, Bill is involved in nearly every facet of real estate law, including the financing, development, construction, purchase and sale of multi-million dollar commercial real estate projects and the litigation of disputes involving property rights and other land-use issues. His clients span the spectrum of large to small and his projects involve some of the most complex topics in real estate law. He has experience in handling water law rights, environmental remediation, zoning and permitting issues, construction disputes, partition cases, boundary line disputes, title claims and foreclosure/work-out cases. Bill has formed, terminated and restated condominiums, and litigated advanced claims in condominium law, including so-called "dockuminiums." He has represented purchasers, sellers, lenders, developers and brokers of real estate, as well as condominium associations and other businesses with needs in property law.
Bill additionally has extensive experience in commercial litigation matters, and has handled numerous business lawsuits. He has litigated non-compete cases, contract disputes, product liability cases, corporate fraud and derivative claims actions.
Bill is one of the few lawyers to successfully navigate complicated legal issues in both litigation and transactional work. His experience in these areas is unparalleled and offers his clients unique insights which help them achieve their goals.
Title Endorsements for Closely Held Businesses
Samuel C. Johnson 1988 Trust, et al. v. Bayfield County
649 F.3D 799 (7th Cir. 2011). Prevailed before the U.S. Court of Appeals for the Seventh Circuit on behalf of private property owners who faced the prospect of a local government putting an ATV/snowmobile trail through the middle of their residences in northern Wisconsin, all without compensation. The case involved an abandoned railroad line which had its tracks removed in 1979, and after which private property owners purchased and built upon that land.
SU Group LLC, et al., v. Gerald G. Williams,
case no. 10-CV-9731, Milwaukee County Circuit Court. Represented majority shareholder and interest holder in derivative claims filed by minority shareholders.
Abbey Villas Condominium Association, Inc. v. Abbey Resort Condominium Association, Inc.
and Abbey Provident Venture, LLC, case no. 10-CV-00025, Walworth County Circuit Court regarding contractor rights under the declaration, authority to act under condominium instruments and the passage of rental restrictions. Represented condominium hotel association in dispute with adjoining condominium association.
Estate of William R. Cape, et al. v. Christopher C. Cape,
09-CV-1486, Racine County Circuit Court. Successfully obtained partition of approximately 110 acres of vacant and commercial land in Racine County.
Craig Doubek, et al. v. Zoning Board of Appeals of The Town of Rome v. Donald Anderson, et al.,
Appeal No. 2007AP002513, Case No: 07-CV-039. Successfully represented landowner group in challenge to conditional use permit passed by Town of Rome.
Chicago Title Insurance Company, et al. v. ABKA Limited Partnership,
Milwaukee County Circuit Court (2001). Represented declarant of condominium association in breech of warranty case involving "dockuminiums" and helped to successfully resolve case through legislative means.
- Robert J. Dobberstein and Kim R. Dobberstein v. Harris N.A., Assignee, case no. 09-CV-003191, Milwaukee County Circuit Court (represented borrower in challenge against enforceability of pledge agreement)
- Storage Master LLC v. M & G Builders LLC, case no: 09-CV-1092, District Court for the Eastern District of Wisconsin (represented owner in construction defect case)
- Pomeroy Inc. d/b/a/Unique Balance v. GHL International, Inc., et. al., case No. 5:08-CV-00275, Southern District of West Virginia (representing manufacturer in products liability case)
- Anderson-Ashton Inc. v. Century Income Property Fund T Limited Partnership (2008), Waukesha County Circuit Court (representing shopping center mall in construction dispute with contractor)
- Investment Properties, LLC v. Suzanna Schroeder, case no., case no 08-CV-012481, Milwaukee County Circuit Court (represented landowner in adverse possession claim)
- ADG Holdings LLC v. Charles R. Edlebeck, et. al., Waukesha County Circuit Court, (2007) (represented borrower in challenging enforceability of subrogation provision)
- Jerry D. Scheiber v. Town of Watertown Board of Review, Jefferson County Circuit Court (writ of certiorari against Town of Watertown)
- Ronald E. Morrow v. Specialty Underwriters, LLC, United States District Court, Middle District of Florida (2007) (claims involving breach of marketing agreement)
- Wisconsin Public Service Corp. v. City of Manitowoc, Before the Public Service Commission of Wisconsin (2007) (distribution of relocation fees, participated as amicus for utilities association)
- Fidelity & Deposit Company of Maryland v. Christopher C. Cape, et al., 07-CV-3 (E.D. Wis.) (claims involving obligations under an indemnity agreement; successfully obtained summary judgment against one defendant and settled claims against other defendant)
- Lake Beulah Management District and Lake Beulah Protective and Improvement Association v. State of Wisconsin Department of Natural Resources and Village of East Troy, case no. 06-CV-172, Walworth County Circuit Court (represented lake association in challenge of installation of water well near shores of Lake Buelah)
- Metaphor v. KabelSchlepp America, Inc., Milwaukee County Circuit Court (2006) (represented tenant in construction claims)
- World Sales Group, LP, et al. v. New World Exchange, LLC, United States District Court, Northern District of Texas, Dallas Division (2006) (claims of breach of sales agreement)
- Michael B. Lattos v. Steven D. Wiederholt, Waukesha County Circuit Court (2004) (claims of fraud and theft; obtained temporary injunction)
- The Estate of William R. Cape, et. al. v. James Cape & Sons Company, et. al., Racine County Circuit Court (2004) (claims regarding redemption agreement)
- Compuware Corporation v. Innovatec Communications, LLC, United States District Court, Eastern District of Wisconsin (2003) (business fraud claims; obtained summary judgment for client)
- Rinehart Foodservice Inc. v. Apger, Houghton County Circuit Court, Michigan (2003) (represented employee in non-compete claim)
- Wisconsin Electric Power Company v. Admiral Insurance Company, et al., Milwaukee County (2003) (environmental insurance coverage action; case settled shortly prior to trial)
- In The Matter Of The Estate Of William R. Cape, Racine County Probate Court (2002) (successfully removed personal representative after hearing)
- David and Amy Vecellio v. Mary Jane Muth, (2002) (represented tenant in claims involving unreasonable withholding of consent to assignment of lease)
- Journal Sentinel Inc., et al. v. Village of Chenequa, Waukesha County Circuit Court (2001) (open records dispute; obtained partial summary judgment for client)
- B&G Realty, Inc. v. Hollis, et al., Milwaukee County Circuit Court (2000) (non-compete deed restriction claim; case settled during hearing on preliminary injunction motion)
- Coldwell Banker Residential Real Estate Services of Wisconsin, Inc. v. Lindemann, Ozaukee County Circuit Court (2000) (non-compete claims; obtained settlement prior to preliminary hearing)
- Bentley World-Packaging, Ltd. v. One Source Packaging, Logistics & Distributions, LLC., Milwaukee County Circuit Court (2000) (claims of breach of fiduciary duties, trade secrets, tortious interference, and conspiracy to injure business; obtained settlement prior to trial)
- Emergency Physicians, Ltd. v. Infinity Healthcare Physicians, S.C., et al., Brown County Circuit Court (1999) (claims of tortious interference of non-compete agreements, conspiracy to injure business, etc.; obtained summary judgment for client)
- Schneider Fuel v. Cooper Environmental and Engineering Services, Inc., Milwaukee County Circuit Court (1999) (involved claims of contractor negligence in PECFA case; case settled prior to trial)
- Vito Cali v. Derck McSherry, Walworth County Circuit Court (1999) (personal injury claims; obtained verdict in favor of client at trial)
- Anesthesiology Associates of Sheboygan, Ltd. v. Rita Griel, Sheboygan County Circuit Court (1998) (unjust enrichment claims; obtained summary judgment for client)
- In the Matter of PECFA Appeal of Michael Schneider, Schneider Fuel & Supply Company, State of Wisconsin, Department of Commerce (1997) (obtained settlement prior to hearing)
- Miller v. Bay View Methodist Church, 141 F. Supp. 1174 (2001) (obtained summary judgment on employment discrimination claim under the First Amendment to the Constitution)
- The Best Lawyers in America® (2013 - 2019); Milwaukee Lawyer of the Year® (Real Estate Litigation, 2014, 2018)
- Wisconsin Super Lawyers® (2010 - 2018); Wisconsin Super Lawyers® Rising Star (2007, 2009)
- August 15, 2018
- November 10, 2017
- Attorneys Bill Stuart and Garrett Soberalski Speak on Litigation and Liability to the Apartment Association of Southeastern WisconsinOctober 25, 2017
- August 15, 2017
- November 11, 2016
- October 27, 2016
- September 22, 2016
- August 15, 2016
- Attorney William Stuart Presents Seminar to the Milwaukee Bar Association on Remedies in Real Estate Purchases and Sale ContractsMarch 1, 2016
- November 12, 2015
- August 24, 2015
- August 5, 2015
- November 14, 2014
- August 20, 2014
- July 15, 2014
- February 21, 2014
- December 19, 2013
- November 11, 2013
- August 19, 2013
- July 3, 2013
- April 19, 2013
- December 7, 2012
- November 14, 2012
- September 20, 2012
- September 19, 2012
- February 11, 2016
Speeches & Publications
Speaker, 3 Surprising Litigation and Liability Facts That Will Cost You, Apartment Association of Southeastern Wisconsin’s (AASEW) Trade Show (October 20, 2017)
Author, Potential Runaway Train Could Impact Land Rights, TitleNews, Vol. 93, Issue No. 2, p. 17 (February 2014)
Author, Supreme Court to Decide Critical Property Rights Case, State Bar Business Law News, Vol. No. 31, Issue No. 3, p. 8 (December 2013)
Author, Shareholders-Guarantors Cannot Pursue Derivative Claims in Collection Action, State Bar Business Law News, Vol. No. 31, Issue No. 2, p.6 (September 2013)
Speaker, Update on WLTA Amicus Brief, Montalvo v. Montalvo, Wisconsin Land Title Association Annual Convention (September 2012)
Speaker, Special Considerations in Disputes Involving Condominium Associations, Who Can Bring What Claims When, State Bar Business and Real Estate Law Institute (June 2012)
Speaker, Samuel C. Johnson 1988 Trust v. Bayfield County, Wisconsin (Wisconsin Land Title Association Annual Convention, September 22, 2011), addressing issues related to property rights to abandoned railroad rights of way and related title insurance issues
Author, Switching Tracks: How the Seventh Circuit Restored Certain Landowners' Rights to Abandoned Railroad Rights-of-Way. Title News, Vol. 90, No. 10, p. 23 (Oct. 2011)
Speaker, Introduction to HUD/FHA Financing For Real Estate Development: Unique Features Of HUD Financed Transactions That Real Estate Lawyers Should Know Before Their Clients Go, State Bar Business and Real Estate Law Institute (June 2011)
Speaker, Representing the Closely Held Business: Complex Issues in Real Property Law (State Bar of Wisconsin CLE Seminars) (2010)
Speaker, Truly Doing God’s Work – Defining Ecclesiastical Job Functions Under the Ministerial Exception to the First Amendment, St. Thomas More Lawyer’s Society of Wisconsin (2008)
Speaker, The Enforceability of Restrictive Covenants Against Real Estate, 31st Corporate Practice Institute (December 5, 2007)
Speaker, Wisconsin’s Open Meetings Law, Presented during What You Need To Know About Public Records and Open Meetings in Wisconsin (Lorman July 18, 2003)
Co-Author, Can Employers Force Employees To Sign Noncompete Agreements As A Condition Of Their Employment?, Wisconsin Lawyer, Vol. 72, No. 5 (May 1999) (with Michael J. Cohen)
Author, Real Property Remedies, Wisconsin Practice Series—Methods of Practice (4th Ed.) Volume 1, Chapter 10
- American Bar Association
- State Bar of Wisconsin
- Milwaukee Bar Association
Project K-9, Inc., Board Member (2007 to present)
"William Stuart is a superb litigator who is able to evaluate and navigate complex matters. Most important, he is an attorney who always has his client’s best interests at heart."
-Richard Dobberstein, Collection Associates, Inc.
“I have been using Bill for a couple of years now. He is always extremely professional and timely with his work. He constantly keeps me informed of the issues and gives me great advice. I know when I need something taken care of, Bill is on it and I don’t need to worry about it.”
-Mark DuBois, Quality Landscaping & Lawn Maintenance, Inc.
“Bill Stuart is an exceptional lawyer who quickly zero’s in on the salient issues. I appreciate his direct and solutions-oriented approach to talking through available options. Meissner Tierney has provided valuable counsel over the years.”
-Alex Simic, CEO of Storage Master