The District Court for the District of Minnesota has granted Anthony Ostlund’s motion to dismiss five counts against Anthony Ostlund clients, the owners and developers of individual storage units in Northeastern Minnesota.
After a buyer defaulted on the contract for deed, the contract was statutorily cancelled and the buyer was evicted. Years later, however, the buyer sued in federal court asserting a variety of claims including breach of contract, conversion, constructive trust, and fraud and seeking over $400,000 in damages. The case was complicated given the nature of the plaintiff and the complexity of the claims alleged. Recognizing the risk of increased expense in federal court, Anthony Ostlund attorneys, Brooke D. Anthony and Peter J. McElligott, immediately filed a motion to dismiss arguing that the statutory cancellation invalidated the plaintiff’s claims. The court agreed and dismissed all of the claims with prejudice.