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CC PACKET 09082016-SPECIAL MEETING
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CC PACKET 09082016-SPECIAL MEETING
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11 <br /> <br />Servs. of Am., Inc. v. Schroeder, 693 N.W.2d 227, 232 (Minn. App. 2005) (“In establishing the <br />right of first refusal, the legislature intended to grant farmers a substantive right, which was <br />recognized by the courts.”). <br />Harbal recognized the right of first refusal statute in § 500.24 as “remedial” and thus <br />“liberally construed” in favor of protecting the people for whose benefit it was enacted. Id; see <br />S.M. Hentges & Sons, Inc., 777 N.W.2d 228, 232 (Minn. 2010) (“Remedial statutes are generally <br />entitled to liberal construction in favor of the remedy the statutes provide or the class they <br />benefit.”) In the same way, § 327C.095 is intended to protect a group of Minnesotans from the <br />unique harms caused by park closings and preserve affordable housing for low-income people. <br />Accordingly, § 327C.095 must be liberally construed in favor of protecting park residents and <br />their rights provided under this statute. <br />B. Section 8.31, Subd. 3a, Provides for Injunctive Relief Against Any Party that <br />Participates in a Violation of the Statute. <br />Subdivision 9 of § 327C.095 provides that “noncompliance” is subject to Minn. Stat. <br />§ 8.31, which allows claimants to sue as “private attorneys general” for injunctive relief and <br />other remedies. Minn. Stat. § 8.31, subd. 3a; Ly v. Nystrom, 615 N.W.2d 302, 310 (Minn. 2000). <br />A plaintiff can seek relief from any person who participates in the violation. Rule 65 is clear that <br />injunctions may be granted against any party and “persons in active concert or participation with <br />them.” Minn. R. Civ. P. 65.04. Courts weighing injunctions concerning public interests have <br />noted they “may act so as to . . . accord full justice to all the real parties in interest [and] if <br />necessary, persons not originally connected with the litigation may be brought before the court <br />so that their rights in the subject matter may be determined and enforced.” Porter v. Warner <br />Holding Co., 328 U.S. 395, 398 (1946); see also Witzman v. Lehrman, Lehrman & Flom, 601 <br />27-CV-16-9809 Filed in Fourth Judicial District Court <br />8/5/2016 8:53:55 AM <br />Hennepin County, MN
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