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1 <br /> <br /> <br />INTRODUCTION1 <br />As amicus curiae, the State of Minnesota, by its Attorney General, seeks to provide <br />proper context and construction of Minn. Stat. § 327C.095 to ensure that the statute is not <br />applied to enable the wrongful closure of Lowry Grove or other manufactured housing <br />communities. Section 327C.095 is a vital protection for such communities, enacted to prevent <br />harms to residents caused by displacement and to maintain an important source of affordable <br />housing in Minnesota as such housing becomes increasingly scarce. The statute serves this <br />purpose by granting a “right of first refusal” to park residents when a developer offers to <br />purchase and close a park. Injunctive relief and other private remedies are available, and such <br />relief is only limited insofar as “questions of marketability of title shall not be affected.” Thus, <br />as here, when a seller and buyer-developer structure and execute a transaction to deny residents <br />the “same terms and conditions” afforded the developer and prevent a meaningful opportunity <br />for residents to exercise their right, the statute is violated and the developer should be enjoined <br />from closing the park. Any other conclusion would allow developers to circumvent residents’ <br />rights and continue the eradication of manufactured housing in Minnesota. <br />BACKGROUND <br />I. THE IMPORTANCE OF MANUFACTURED HOUSING TO ITS RESIDENTS AND THE STATE. <br />The Twin Cities continues to struggle to maintain affordable housing, which has recently <br />hit record lows. Falling Further Behind: 2014 Affordable Housing Production in the Twin Cities <br />Region, METROPOLITAN COUNCIL, Dec. 2015. The Metropolitan Council recently reported that <br />                                                             <br />1 The Court granted the Attorney General leave to participate as amicus on August 2. In accordance with <br />Minn. R. App. P. 129.03, the Attorney General states that this brief was prepared solely by the Attorney <br />General’s Office and that no party made a monetary contribution toward its preparation or submission. <br />27-CV-16-9809 Filed in Fourth Judicial District Court <br />8/5/2016 8:53:55 AM <br />Hennepin County, MN