Monday, April 29, 2013

Berg v. Wiley case brief

Berg v. Wiley case brief
264 N.W.2d 145

CASE SYNOPSIS: Defendants appealed a judgment in the trial court (Minnesota) upon a jury verdict awarding plaintiff tenant damages for wrongful eviction from its leased premises alleging the tenant had damaged and abandoned the premises.

FACTS: A restaurant operated by plaintiff on the premises had been cited for health code violations. Plaintiff failed to comply with defendants' request to remedy the matters and put up a sign saying the restaurant was closed. Defendant had locked the plaintiff tenant out, claiming breach of the lease. The jury found that the tenant did not abandon or surrender the premises and the trial court found defendant's reentry forcible and wrongful as a matter of law.

ANALYSIS:
The court affirmed the judgment below holding that the jury's verdict was supported by sufficient evidence and that the trial court's determination of unlawful entry was correct as a matter of law. It appeared that plaintiff intended to retain possession, closing temporarily to remodel. Defendant should have resorted to the available judicial remedies to resolve the claim of breach of the lease.

CONCLUSION: Judgment affirmed for plaintiff. Because defendant failed to resort to judicial remedies against plaintiff's holding possession adversely to defendant's claim of breach of the lease, defendant's lockout of plaintiff was wrongful as a matter of law.

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