LEVINE v. BRADLEY REAL ESTATE TRUST

No. C5-89-2029.

457 N.W.2d 237 (1990)

Robert LEVINE, et al., Appellants, v. BRADLEY REAL ESTATE TRUST, a Massachusetts business trust, Respondent, City of Richfield, Evest Partners, Ltd., a Texas limited partnership, TransAmerican Partners I, a New York general partnership, Goldome National Corp., etc., Defendants.

Court of Appeals of Minnesota.

Review Denied August 7, 1990.


Attorney(s) appearing for the Case

Christopher J. Dietzen, Gary A. Van Cleve, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for appellants.

Edward J. Pluimer, Karen Clauson Maki, Dorsey & Whitney, Minneapolis, for respondent.

James J. Thompson, Jr., Julie A. Lawler, Holmes & Graven, Minneapolis, for City of Richfield.

Sally A. Johnson, Gary A. Heck, Faegre & Benson, Minneapolis, for Evest Partners, Ltd., a Texas limited partnership.

Daniel R. Tyson, Sarah Erickson, Arthur, Chapman & McDonough, Minneapolis, for TransAmerican Partners I, a New York general partnership.

Considered and decided by KALITOWSKI, P.J., and CRIPPEN and GARDEBRING, JJ.


OPINION

GARDEBRING, Judge.

Appellants commenced this action to, among other claims, enjoin respondent from violating an unrecorded reciprocal parking easement. Appellants argue that respondent had either actual or implied notice of the unrecorded easement, thereby precluding its good faith purchaser status. After a four-day trial, the trial court concluded that respondent had neither actual nor implied notice and therefore was entitled to protection of the...

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