Court: |
WI Supreme Court |
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Facts: |
Melms had a mansion right next to his brewery. This got sold to
Pabst, but Mrs. Melms had a life estate in the mansion. Then
the area changed and got industrialized. And in fact they graded
right around the mansion. And then they removed the mansion and
graded the lot right down to street level. And made a parking
lot. |
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Posture: |
Trial court said this was OK, that the brewery had thought it owned
the mansion when it graded the lot, but that actually this had
increased the value of the property for the plaintiffs. |
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Issue: |
Was this waste? |
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Holding: |
No. Affirmed. |
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Rule: |
In general, tenants can do stuff like this, but this is "meliorating
waste." |
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Reasoning: |
Normally this would be waste. And waste is prohibited by statute.
But the tenant didn't cause the conditions around the property
to change. This doesn't mean that tenants in general can go
making what they think might be changes for the better. |
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Dicta: |
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