S. D. Realty Co. v. Sewerage Commission of Milwaukee

While the 1958 lease does not expressly abrogate the 1956 agreement, the provisions of the lease are inconsistent with those of the agreement. Furthermore, it is conceded that the developers did not commence con struction of the installation to inclose the river within three years of the date of the agreement, and thus under its own terms the agreement has ceased to exist. Therefore, we shall forego any further consideration of the 1956 agreement in this opinion because any issue relating thereto is moot.

The remaining issues to be considered on this appeal are:(1) Is plaintiff entitled to…