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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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park for purchase by the residents of the park.” Id. at subd. 7. Subdivision 7 provides manufactured <br />homeowners the same right of first refusal if 51 percent of the homeowners execute an agreement <br />for the purchase of the park within 45 days. Id. <br />Although Defendants dispute whether Plaintiffs satisfied the requirements of subdivision <br />6, for the purposes of Defendants’ motion these allegations are treated as true. Assuming that LGP <br />violated Plaintiffs’ properly exercised right of first refusal under subdivision 6, the question that <br />remains is: under the statutory framework, what is the appropriate redress? <br />Subdivision 9 of section 327C.095, entitled, “Effect of noncompliance,” provides: <br />If a manufactured home park is finally sold or converted to another use in violation <br />of subdivision 6 or 7, the residents do not have any continuing right to purchase <br />the park as a result of that sale or conversion. A violation of subdivision 6 or 7 <br />is subject to section 8.31, except that relief shall be limited so that questions of <br />marketability of title shall not be affected (emphasis added). <br /> <br />Id. at subd. 9. <br />There are no reported cases in Minnesota interpreting the language of subdivision 9. Thus, <br />it is for this court to examine the language of Subdivision 9, without the benefit of guidance from <br />a higher court. When the Court interprets a statute it must first be determined whether the statute’s <br />language is clear and unambiguous on its face. Am. Family Ins. Group v. Schroedl, 616 N.W.2d <br />273, 277 (Minn. 2000). “A statute is only ambiguous when the language therein is subject to more <br />than one reasonable interpretation.” Id. (quoting Amaral v. Saint Cloud Hosp., 598 N.W.2d 379, <br />384 (Minn.1999)). If a statute is clear and unambiguous it is interpreted using its plain meaning. <br />Id. <br />This court finds that the language of subdivision 9 is clear and unambiguous. Once the <br />manufactured home park is sold, the plain language makes clear that the residents lose their right <br />to purchase the park. Minn. Stat. § 327C.095, subd. 9. This applies even when “[a] violation of <br />37
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