Faced with a written Use Agreement that expressly terminates as of October 31, 2013 unless an agreement is negotiated for an extension, the Minnesota Sports Facility Authority is now arguing that the Agreement should be “reformed” to be more accommodating to the MSFA and the Vikings.
A hearing is set for October 21 on the summary judgment motion brought by Anthony Ostlund client Minneapolis Venture, the owner of the Plaza that the MSFA is trying to keep using. The court will be asked to decide whether to enforce the Agreement as written or allow the MSFA to pursue a reformation claim. Under the MSFA’s proposed reformation claim the Agreement would continue so long as the MSFA wants it to, and the October 31 termination date and the duty to negotiate for any extension would be read out of the contract.
