Developer Foxwood Estates (Developer) subdivided most of its property into 38 single-family homesites, called the Foxwood Estates subdivision. The land in dispute is the remaining property, which was a 30-acre undeveloped parcel immediately adjacent to the subdivision. In marketing and selling the lots, the Developer made specific representations as to the land in dispute, both orally and in the documents distributed.
Developer provided prospective buyers with topographic and setback maps detailing the numbered lots and labeling the land in dispute as either "Outlot 1" or "Outlot 1 [and] Outlot 2." The setback map was attached to the Declarations of Restrictions and Covenants (the Declarations) which were given to prospective buyers and became part of an actual buyer's purchase contract. The Declarations expressly stated that the Homeowners' Association, not the Developer, would own the outlots.
The Developer also provided prospective buyers with a brochure that referred to the secluded, natural feel of the subdivision, stating: "Foxwood Estates is an exceptional community designed and reserved for individuals who desire a lifestyle amidst the grandeur of nature, and who will appreciate the preservation of this natural habitat." The brochure included an aerial view showing the subdivision, including the land in dispute, bordered in red.
When one of the homeowners read in the newspapers that the land in dispute had been approved for multifamily housing, he notified the Homeowners' Association, and the association filed suit against the developer, seeking specific performance of its promise to transfer title to the land in dispute to the Homeowners' Association. The trial court ordered defendant Foxwood Estates LLC (the Developer) to convey to Foxwood Estates Homeowners' Association the land in dispute to the Foxwood Estates subdivision. The developer appealed. How do you think the court of appeals resolved the appeal? Why? [Foxwood Estates Homeowners' Association, Inc. v. Foxwood Estates, LLC, 364 Wis. 2d 405; 866 N.W.2d 40 (2015).]