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CC PACKET 10112016
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CC PACKET 10112016
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10/7/2016 10:40:24 AM
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as July 20, which is five weeks after the closing date indicated in the purchase agreement with the <br />Village. <br />By a letter dated June 13, 2016, LGP rejected the Aeon purchase agreement indicating it <br />failed to meet the requirements set forth by Minn. Stat. § 327C.095, subd. 6. On June 13, 2016, <br />LGP signed the purchase agreement to the Park to the Village. On June 15, 2016, the Village <br />sent a park closure notice to the residents indicating that the Park would close nine months from <br />the date of the notice. The closure would force the residents of the Park to move. <br />PROCEDURAL BACKGROUND <br /> Plaintiffs filed this action on June 27, 2016. Relevant to the current motions, Count I of <br />the Complaint seeks a declaratory judgment declaring that: (1) Plaintiffs properly exercised their <br />right of first refusal; (2) LGP violated Minn. Stat. § 327C.095, subd. 6; and (3) LGP’s conveyance <br />of the Park is void. Count II of the Complaint seeks a judgment declaring that the Village violated <br />Minn. Stat. § 327C.095, subd. 7 and that it has no right to close the Park without first complying <br />with subdivision 7. Count III seeks injunctive relief and damages for the violation of Minn. Stat. <br />§ 327C.095. Count IV seeks specific performance of Aeon’s purchase agreement. Count V also <br />seeks injunctive relief either directing LGP or the Village to sell the Park to Plaintiffs. <br /> On July 19, 2016, the Village brought its motion for partial judgment on the pleadings <br />under Rule 12.03 of the Minnesota Rules of Civil Procedure to dismiss Counts I, II, IV, V, and III <br />(to the extent it seeks relief other than damages). LGP brought the same motion on July 20, 2016. <br />The Plaintiffs brought a cross motion for declaratory partial summary judgment on July 29, 2016, <br />seeking a declaration that: <br />(1) Park residents met the requirements of Minn. Stat. § 327C.095, subd. 6, in <br />designating Aeon to represent them in exercising their statutory right of first <br />refusal; (2) Aeon tendered a purchase agreement meeting the requirements of Minn. <br />Stat. § 327C.095, subd. 6, within the 45-day period set out in the statute; (3) <br />34
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