PEGGY ROSE REVOCABLE TRUST v. EPPICH

No. C3-00-1163.

640 N.W.2d 601 (2002)

PEGGY ROSE REVOCABLE TRUST u/a dated April 11, 2000, Petitioner, Appellant, v. Kenneth EPPICH, Respondent, Smuckler Architects, Inc., et al., Defendants.

Supreme Court of Minnesota.

March 21, 2002.


Attorney(s) appearing for the Case

Foley & Mansfield, P.L.L.P., John T. Trout, Stephen L. Wilson, Minneapolis, for Appellant.

Bassford, Lockhart, Truesdell & Briggs, P.A., Dale M. Wagner, Charles E. Lundberg; Dorsey & Whitney L.L.P., Steven K. Champlin, Minneapolis, for Respondent.

Minn. Atty. Gen. Mike Hatch, David M. Aafedt, Assistant Attorney General, St. Paul; Thomsen & Nybeck, P.A., Donald D. Smith, David J. McGee, Edina, for Amicus Curiae.

Heard, considered and decided by the court en banc.


OPINION

RUSSELL A. ANDERSON, Justice.

This case arises from the sale of a home by Kenneth Eppich ("Seller") to Peggy Rose and Keith Kajander (collectively "Buyers") in January 1996. In addition to the purchase agreement, the parties signed an arbitration agreement subjecting all claims related to the property, including fraud, to binding arbitration and providing that such claims must be filed within 18 months of the date of the closing on the property....

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