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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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Implicit in the district court’s order is an assumption that, unless another court has “made a judicial determination” that advised Rolling Meadows’s members “of the legality of the Board’s actions,” the members, including MacAtee, should not face termination of their occupancy and membership agreement based on their refusal to pay carrying charges that are required by the cooperative’s amended bylaws. And the court’s order also .contains -an implicit assumption that Rolling Meadows had the burden to obtain a judicial determination about the legality of its board’s actions and to so advise its members. MacAtee cites no legal authority-in support of the court’s stay of-the issuance of the writ of recovery and order to vacate, and we are aware of no such authority. Moreover, MacAtee did not dispute that she refused to pay the increased carrying charges or to sign the amended occupancy agreement, following Rolling Meadows’s amendment to its bylaws.