The court battle is likely to continue for Lowry Grove residents fighting to keep their mobile home park open.
The Minnesota Court of Appeals said in a ruling issued Monday that the sale of their St. Anthony park cannot be undone, though it left the door open for other forms of relief.
A three-judge appellate panel upheld the $6 million sale of the park to The Village, an affiliate of Wayzata-based Continental Property Group. But the unanimous opinion reversed an earlier decision by the district court judge as to what forms of relief may be available to residents if they go on to prove that the transaction violated state law governing the sale of mobile home parks.
The appellate court said the residents can ask Hennepin County District Judge Joseph R. Klein for non-monetary relief, such as court-ordered relocation costs, educational benefits for children displaced from schools, transportation benefits or even an injunction affecting the park's planned closure. Residents can also still seek monetary damages.
"It's a partial win, but it's not necessarily a partial win that will keep the park open," said Jack Cann, an attorney for the Lowry Grove Residents Association. "Still, the Court of Appeals' decision makes it so it's going to cost them."
The residents, working with Aeon, an affordable housing nonprofit, allege in their lawsuit that the sale of the land to The Village broke state law.
Traci Tomas, vice president of The Village, has said that the deal complied with the law. She also described Monday's ruling as "a win."
"I am confident the district court will determine that … there was nothing illegal about the sale of Lowry Grove," Tomas said in a statement. An attorney for The Village said residents have signed an agreement that they will leave the park by the end of June.
