 |
  |
 |
|
|
||||||||||||||||||||
Litigation Redefined.
 |
 |
 |
|
 |
|
 |
Larson • King trial team defeats declaratory judgment claim – victorious on counterclaim for unjust enrichment in jury trial12/06/2004 Larson • King partners Mark Solheim and David Wilk, along with associate Jane Hill, received a jury verdict in their client’s favor on October 20, 2004. The Larson • King trial team represented defendant Alternative Business Concepts, Inc. (“ABC”), a non-profit organization that provides affordable housing through tax-exempt financing. Plaintiff Community Housing Corporation of America, Inc. (“CHC”) brought a declaratory judgment action against ABC in Hennepin County, Minnesota state court to enforce an alleged letter agreement as to the sharing of profits from a $20 million dollar apartment complex in Dallas, Texas. The case had its share of temporary set-backs for the Larson • King trial team. In the summer of 2003, the trial court granted summary judgment against ABC, ruling as a matter of law that there was a valid, enforceable contract between the parties. Solheim, Wilk and Hill filed and argued an appeal on behalf of ABC, and persuaded the Minnesota Court of Appeals to reverse the trial court’s summary judgment ruling, reported at Community Housing Corp. of America, Inc. v. Alternative Building Concepts, Inc., 2003 WL 22999294 (unpublished opinion). The case was remanded back for a jury trial. Ultimately, the jury found that the alleged “letter agreement” at issue was not a valid contract and thus, unenforceable. Additionally, on ABC’s counterclaim for unjust enrichment, the jury found that the plaintiff had improperly received previous distributions from the property. |
