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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rolling Meadows Cooperative, Inc. v. Macatee, 904 N.W.2d 920 (2017)

Citation
Rolling Meadows Cooperative, Inc. v. Macatee, 904 N.W.2d 920 (2017)
Parent Document
Rolling Meadows Cooperative, Inc. v. Macatee, 904 N.W.2d 920 (2017)
Jurisdiction
Minnesota (state)
Effective Date
2017-11-27

Other Sections in This Document (35)

Full Text

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Here, nothing in the record reflects that MacAtee had commenced separate litigation regarding the validity of Rolling Meadows’s amended bylaws or that she had sought to enjoin the prosecution of Rolling Meadows’s eviction action. Yet MacAtee maintained in the eviction proceeding that -her claim of invalidity of the amended bylaws constituted a defense to the -eviction action because she was entitled-to a HUD-subsidized carrying charge and therefore did not owe the increased carrying charge. Indeed, the district court, appears to have delayed issuance of a writ of recovery and order to vacate on the basis of MacAtee’s alleged defense, stating that “MacAtee did not wholly fail to pay a sum due pursuant to the Occupancy Agreement and the Bylaws. She. has refused to pay the increase in carrying charges due to a misunderstanding about the validity- of the increases in the charges.” (Emphasis added.) The district court also determined that