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POLLARD v. SOUTHDALE GARDENS OF EDINA

No. A04-2057.

698 N.W.2d 449 (2005)

Sharon POLLARD, et al., Appellants, v. SOUTHDALE GARDENS OF EDINA CONDOMINIUM ASSOCIATION, INC., et al., Respondents.

Court of Appeals of Minnesota.

July 5, 2005.

Attorney(s) appearing for the Case

Gary Van Winkle, Timothy L. Thompson, Lawrence R. McDonough, Law Offices of the Legal Aid Society of Minneapolis, Minneapolis, MN, for appellants.

Michael J. Tomsche, Jeanette P. Cogelow, Tomsche, Sonnesyn and Tomsche P.A., Golden Valley, MN, for respondents.

Considered and decided by KALITOWSKI, Presiding Judge; TOUSSAINT, Chief Judge; and PARKER, Judge.

OPINION

PARKER, Judge.*

Appellant-residents challenge the district court's order granting summary judgment in favor of the association and the board of directors of Southdale Gardens of Edina Condominium Association, Inc. (respondents). Appellants contend that the district court erred by holding that a nonwaiver clause in the condominium bylaws precluded appellants' claims of waiver, estoppel, and breach of duty. Appellants also...

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