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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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Plaintiffs ask this Court to consider the legislative intent of the statute, as a remedial statute, <br />and interpret it in favor of manufactured homeowners. It is not necessary to look at additional <br />interpretive tools like the legislative intent when the statute’s language is plain on its face. State v. <br />Rick, 835 N.W.2d 478, 482 (Minn. 2013) (“If the Legislature's intent is clear from the statute's <br />plain and unambiguous language, then we interpret the statute according to its plain meaning <br />without resorting to the canons of statutory construction.”). <br />This Court need not consider the legislative intent because the language of the statute is <br />unambiguous and clear. This case is distinguishable from the cases on which Plaintiffs rely. First, <br />both cases cited by Plaintiff involve an agricultural landowner’s right of first refusal under Minn. <br />Stat. §500.24, in the context of the foreclosure process, and were decided on facts significantly <br />different from the present case. See, Harbal v. Federal Land Bank, 449 N.W.2d 442, (Minn. Ct. <br />App. 1989); Ag. Services of America, Inc. v. Schroeder, 693 N.W.2d 227 (Minn. Ct. App. 2005). <br />Fundamentally, Chapter 500 does not contain a provision analogous to §327C.095, subd. 9, which <br />limits post-sale remedies to a claim for monetary damages. The contrary is true of Chapter 500, <br />which by amendment in 1993, expressly permits an action for recovery of title, and arguably leaves <br />open a court’s option to fashion equitable relief. Subdivision 9 expressly precludes relief other <br />than monetary damages. Moreover, both cases cited by plaintiffs stemmed from a complete lack <br />of notice given to the grieved farm owners, resulting in the farm owners having no opportunity to <br />exercise their rights. Finally, in both cases cited by Plaintiffs suit was commenced before title had <br />passed to the buyer, which is markedly different from the facts presented here. This court is not <br />persuaded that either Harbal or Ag. Services provides any authority for finding that the language <br />of §327C.095 is ambiguous. <br />41
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