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IN RE CRABLEX, INC.

No. A08-0458.

762 N.W.2d 247 (2009)

In the Matter of the Petition of CRABLEX, INC. In Relation to Certificate of Title No. 1091583, issued for land in the County of Hennepin and State of Minnesota, and for a new Certificate of Title after Mortgage Foreclosure Sale.

Court of Appeals of Minnesota.

February 10, 2009.

Attorney(s) appearing for the Case

James Christoffel, Christoffel & Elliott, P.A., St. Paul, MN, for appellant Crablex, Inc.

Joel A. Mintzer, Robins, Kaplan, Miller & Ciresi, L.L.P., Minneapolis, MN; and James A. Dueholm, Washington, DC, for intervenor Fine Associates, LLC.

John M. LeFevre, Peter G. Mikhail, Minneapolis, MN, for respondent City of Minneapolis.

James M. Lockhart, Christopher R. Grote, Karla M. Vehrs, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for respondents Riverside Plaza Limited Partnership, Minneapolis Community Development Agency, and Capmark Finance, Inc.

Robert Salmon, Meagher & Geer, P.L.L.P., Minneapolis, MN, for respondent Cedar Cultural Center.

Considered and decided by KLAPHAKE, Presiding Judge; LANSING, Judge; and WORKE, Judge.

OPINION

LANSING, Judge.

This appeal from summary judgment in a Torrens proceeding raises issues on the effect of a mortgage foreclosure on easements that were memorialized on the certificate of title after the mortgage. Because the mortgagee subordinated the mortgage to five of the easements, and the holders of the remaining easements were not named parties in the mortgage foreclosure action, we affirm the district court's determination that the interests...

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