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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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10/7/2016 10:36:54 AM
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first refusal when the Park’s intended use changes “before” the sale. Subdivision 7 provides the <br />right of first refusal when the Park’s intended use changes “after” the sale. In the present case, <br />accepting the allegations of paragraphs 12, 13, and 14 of Plaintiff’s Complaint as true, the decision <br />to convert the park took place before the sale. Thus, Plaintiffs’ right of first refusal was governed <br />by subdivision 6. Subdivision 7 is not implicated because the decision to convert the Park’s use <br />did not come after the sale. Logically, a decision to close or convert could only take place either <br />before or after the sale of the park, not both. When subdivisions 6 and 7 are read together, their <br />plain meaning makes clear that they are intended to separately cover two different situations: <br />1. Those situations where the intent to close or convert a park is expressed before the <br />sale; and <br />2. Those situations where the decision to convert the park to a different use is made <br />after the sale. <br />This court does not read the statute to give Plaintiffs two, separate 45-day periods to attempt <br />to purchase the Park. <br />Subdivision 9 further clarifies that manufactured homeowners only have one chance at <br />purchasing the Park prior to its closure or conversion. Subdivision 9 discusses the limitations of <br />redress after a “manufactured home park is finally sold or converted to another use in violation of <br />subdivision 6 or 7.” Id. The use of the disjunctive “or” makes clear only one subdivision applies, <br />not both. Subdivision 9 would need to indicate Plaintiffs’ rights are terminated only after a <br />violation of both subdivision 6 “and” 7 to allow Plaintiffs to now force the sale. A sale of the <br />park pursuant to either one or the other subdivision forecloses Plaintiffs’ rights to purchase the <br />property. Since a sale pursuant to subdivision 6 took place, Plaintiffs “do not have any continuing <br />right to purchase the park.” Id. <br />40
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