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in its initial summary judgment paperwork to demonstrate there were no genuine issues of material <br />fact relating to its compliance with subdivision 6. Defendants’ responsive memorandum to the <br />summary judgment motion simply responded that Plaintiffs failed to comply with the requirements <br />of subdivision 6, as it responded in the June 13, 2016 denial letter. Defendants did not raise a new <br />issue that needed to be addressed with additional affidavits outside the scope of what Rule 115.03 <br />allows. This Court will not consider Plaintiffs’ August 23, 2016 affidavits in deciding the partial <br />motion for summary judgment. <br />B. Genuine issues of material fact exist precluding summary judgment. <br /> <br />The motion for summary judgment is not based on the Complaint like the motion for <br />judgment on the pleadings. Summary judgment is a "blunt instrument" that courts use with <br />caution. Donnay v. Boulware, 144 N.W.2d 711, 716 (Minn. 1966). Based on the evidence in the <br />record 5, the Court finds genuine issues of material fact exist precluding summary judgment on the <br />issues that remain. Material fact issues remain regarding whether subdivision 6 was satisfied by <br />Plaintiffs and violated by Defendants. Specifically, issues of genuine material fact remain <br />involving whether Aeon had support from “the owners of at least 51 percent of the manufactured <br />homes,” whether Aeon intended to “purchase the park for the purposes of keeping the park as a <br />manufactured housing community,” and whether Aeon’s offer met “the cash price and the same <br />terms and conditions set forth in the purchaser's offer.” See Minn. Stat. § 327C.095, subd. 6. <br />This Court cannot find that there are no genuine issues of material fact. Partial declaratory <br />summary judgment is not appropriate on the issues that remain. <br />J.R.K. <br /> <br />5 The court finds that the Defendants’ Joint Statement of Disputed Facts, together with the affidavits timely filed <br />with the court, make it clear that there are genuine disputes involving material facts in this case. <br />48