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FLAMINGO TERRACE MOBILE HOME PARK v. SCOTT

No. 51762.

317 N.W.2d 697 (1981)

FLAMINGO TERRACE MOBILE HOME PARK, INC., Respondent, v. James C. SCOTT and Alice M. Scott, Petitioners-Appellants, Warren Spannaus, Atty. Gen., Intervenor.

Supreme Court of Minnesota.

Rehearing Denied April 5, 1982.

Attorney(s) appearing for the Case

Stefan A. Tolin, Minneapolis, for petitioners-appellants.

Babcock, Locher, Neilson & Mannella, Blaine, for respondent.

Warren Spannaus, Atty. Gen., and Daniel Kleinberger, Sp. Asst. Atty. Gen., St. Paul, for intervenor.

Considered and decided by the court en banc without oral argument.

TODD, Justice.

In 1977 James and Alice Scott entered into a month-to-month agreement with Flamingo Terrace Mobile Park. In 1979 Flamingo sought to terminate the tenancy based on non-payment of rent, violation of terms of the lease, and in reliance on a 60-day cancellation clause in the lease agreement. The trial court terminated the lease and a three-judge appeals panel affirmed the termination based on the 60-day clause. The Scotts contend the clause is unenforceable...

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