ARDEN HILLS NORTH HOMES ASS'N v. PEMTOM, INC.

No. C9-91-686.

475 N.W.2d 495 (1991)

ARDEN HILLS NORTH HOMES ASSOCIATION, on Behalf of its various members, Respondent, v. PEMTOM, INC., Appellant.

Court of Appeals of Minnesota.

Review Granted December 23, 1991.


Attorney(s) appearing for the Case

Thomas Laughlin, Michael Cohen, Nilva & Frisch, P.A., St. Paul, for respondent.

John M. LeFevre, Jr., Robert A. Alsop, Holmes & Graven, Ch., Minneapolis, for appellant.

Considered and decided by DAVIES, P.J., and PARKER and THOREEN, JJ.


OPINION

PARKER, Judge.

The Arden Hills North Homes Association sued developer Pemtom, Inc., on August 14, 1985, claiming that siding prematurely deteriorated due to Pemtom's negligent construction.

Several months before trial, the trial judge told the parties he believed Minn. Stat. § 541.051, the limitations statute applicable to defects arising from improvements to real property, required the condition of the improvement to be both defective...

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