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Summary Judgment Victory for Homeowner’s Association

Brownson Norby, PLLC is pleased to announce that attorneys Aaron M. Simon and Lindsey Streicher successfully obtained Summary Judgment in favor of a condominium homeowner's association in Minneapolis. In an Order dated March 29. 2017, Hennepin County District Court Judge Daniel H. Mabley issued an Order and Memorandum dismissing all aspects of the case. The case involved certain Plaintiff condominium homeowners suing one of their fellow condominium owners, and the Brownson Norby client homeowner's association, because of claims of excessive second-hand smoke eminating from the Defendant's condominium. The claims against the homeowner's association included negligence, breach of contract, and breach of the covenant of quiet enjoyment.

The Court ruled that the association had no duty to the Plaintiffs to prevent one of their neighbors from smoking, and that there was no contract as a result of the homeowners' association Rules and Regulations, or other actions, upon which the homeowners' association could be held liable.

The case is Gary Morgan and Mary Jo Rasmussen v. The Groveland Condominium Homeowner's Ass'n, et al., Hennepin County, Minnesota, District Court, No. 27-CV-16-12890.

To view the Court's Opinion, click below.

Morgan Opinion Granting Summary Judgment

 

 

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