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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312 (2008)

Citation
Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312 (2008)
Parent Document
Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312 (2008)
Jurisdiction
Minnesota (state)
Effective Date
2008-07-22

Other Sections in This Document (54)

Full Text

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Before trial, Bjorklund moved in limine to preclude BTI from introducing evidence relating to counterclaims that were pending in the Wright County action, arguing that the scope of the eviction action is limited to a determination regarding the right to present possession and that all equitable counterclaims must be raised in a separate proceeding. Bjorklund argued that even if the district court were to determine that the evidence is relevant to the eviction action, it should exclude it due to the risk of confusing the issues and misleading the jury. Bjorklund also argued that evidence of an alleged oral agreement to transfer title to property is precluded under the statute of frauds and that evidence of the fair market value of the property is irrelevant to the issue of possession, “the only matter at issue in an eviction proceeding.”