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CC PACKET 09082016-SPECIAL MEETING
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CC PACKET 09082016-SPECIAL MEETING
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9/8/2016 4:32:05 PM
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12 <br /> <br />N.W.2d 179, 185–186 (Minn. 1999) (“It is well-recognized that all who actively participate in <br />the commission of a tort, or who procure, command, direct, advise, encourage, aid, or abet its <br />commission, or who ratify it after it is done are jointly and severally liable for the resulting <br />injury.”); RESTATEMENT (SECOND) OF TORTS § 876 (1979) (providing liability for wrongful <br />conduct based on participating “in concert” or in “common design” or gives “substantial <br />assistance or encouragement” to the conduct). <br />Subdivision 9 does provide that “residents do not have any continuing right to purchase <br />the park” following a completed sale “in violation of subdivisions 6 or 7” and that “relief [under <br />§ 8.31] shall be limited so that questions of marketability of title shall not be affected.” But this <br />qualification should not be construed more broadly than its plain language provides. See S.M. <br />Hentges, 777 N.W.2d at 232 (noting that exceptions within remedial statutes are “construe[d] . . . <br />narrowly”). Long-standing doctrine provides that “provisos appended to legislative enactments <br />are not intended to impair or destroy the main purpose” and should be “construed strictly, and <br />their scope limited to avoid a result manifestly not in harmony with the legislative intent.” State <br />v. Twin City Tel. Co., 104 Minn. 270, 118 N.W. 835, 835 (1908). Thus, all other remedial forms <br />available to the Court, including but not limited to injunctive relief, in a private action under <br />§ 8.31, subd. 3a, remain unaffected by the qualification. <br />Accordingly, the Court’s authority to fashion injunctive relief is preserved so long as it <br />does not “affect” “questions of marketability of title.” If the Legislature abrogated more than <br />that, it must be clear in doing so. Porter, 328 U.S. at 398 (“Unless a statute in so many words, or <br />by a necessary and inescapable inference, restricts the court’s jurisdiction in equity, the full <br />scope of that jurisdiction is to be recognized and applied. The great principles of equity, securing <br />complete justice, should not be yielded to light inferences, or doubtful construction.”) <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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