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DECISIONS OF THE COURT OF APPEALS
FILED MONDAY, MARCH 30, 2015
A14-1176 110 Wyman, LLC, et al., Appellants (A14-1176), Ruby Red Dentata, LLC, et al.,
A14-1177 Appellants (A14-1177), vs. City of Minneapolis, Minnesota, Respondent.
Hennepin County District Court, Hon. Philip D. Bush and Hon. Regina M. Chu.
Service charges that a city imposes under chapter 428A of the Minnesota Statutes are not subject to the common law special-benefit standard; rather, they are subject to the standard set forth in Minn. Stat. § 428A.02, subd. 3 (2014), that requires service charges to be "reasonably related to the special services provided" and proportionate to the cost of providing the service.
Affirmed. Judge Michael L. Kirk.
A14-1037 Federal Home Loan Mortgage Corporation, Respondent, vs. Gary E. Mitchell, et al.,
Appellants, John Doe, et al., Defendants.
Scott County District Court, Hon. Judge Rex D. Stacey.
1. Holder of sheriff's certificate of sale suffers injury-in-fact when former owners of the property sold at the sheriff's sale remain in possession of the property after expiration of the redemption period, giving holder of sheriff's certificate of sale standing to bring an eviction action.
2. Former owners remaining in possession of property after a foreclosure and sheriff's sale are not "tenants" within the meaning of Minn. Stat. § 504B.121 (2014) in the absence of a lease agreement with new owner.
3. A district court's discretion to grant a stay in an eviction action pending resolution of a related parallel civil action is only guided by Bjorklund v. Bjorklund Trucking, Inc., 753 N.W.2d 312 (Minn. App. 2008), review denied (Minn. Sept. 23, 2008), when the parallel action involves a claim of a breach of the agreement that gave the present possessor the right of possession.
Affirmed. Judge John P. Smith.