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Busby v. Groves Homeowners Association9/5/2000
Appellant Christine Kay Busby challenges the district court's summary-judgment dismissal of all claims with prejudice. Appellant commenced this civil action against respondent, The Groves Homeowners Association, Inc. (Groves), on October 22, 1998 alleging claims for: (1) breach of contract; (2) gross negligence; (3) unjust enrichment; and (4) defamation. On June 16, 1999, respondent moved for summary judgment on all claims. Because the district court did not err in granting respondent's motion, we affirm.
DECISION
Appellant contends the district court erred in granting respondent's motion for summary judgment on her claims for: (1) breach of contract; (2) gross negligence; (3) unjust enrichment; and (4) defamation.
ummary judgment is appropriate where the 'pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact' and either party is entitled to judgment 'as a matter of law. W.J.L. v. Bugge, 573 N.W.2d 677, 680 (Minn. 1998) (quoting Minn. R. Civ. P. 56.03).
On an appeal from a grant of summary judgment, this court must determine whether there are any genuine issues of material fact and whether the district court erred in applying the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990).
However, a reviewing court "must view the evidence in the light most favorable to the party against whom judgment was granted." Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993) (citation omitted). No genuine issue of material fact exists " here the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party." DLH, Inc. v. Russ, 566 N.W.2d 60, 69 (Minn. 1997) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S. Ct. 1348, 1356 (1986)). To resist summary judgment, the nonmoving party "must do more than rest on mere averments." Id. at 71. A genuine issue of material fact "'must be established by substantial evidence.'" Id. at 70 (quoting Murphy v. Country House, Inc., 307 Minn. 344, 351, 240 N.W.2d 507, 512 (1976)).
A. Breach of Contract Claims
Appellant contends the district court erred in granting summary judgment on its breach of contract claims for failure to: (1) make plumbing repairs affecting the hot and cold water supply to her unit; and (2) provide access to information and follow Bylaws.
1. Failure to Repair Plumbing Regulating Hot and Cold Water Supply
Appellant contends respondent breached their contract by failing to make plumbing repairs, which affected her hot and cold water supply. The operative documents governing a cooperative association, which include the bylaws and other contractual documents, constitute a contract between the association and its members. See Chapman Place Ass'n, Inc., v. Prokasky, 507 N.W.2d 858, 863 (Minn. App. 1993) (explaining that town home association members' rights are governed by the bylaws, other contractual documents, and real property law), review denied (Minn. Jan. 24, 1994). In addition to the association's bylaws, respondent entered into an occupancy agreement with appellant on or about June 1, 1994, that provided in part:
The Member shall maintain in good condition, at the owner's own expense, the interior of the Dwelling Unit referenced herein, all appliances located therein, and any garage and storage unit included with the Dwelling Unit. The Association shall furnish Common Area utilities. The Association shall also furnish heat, hot and cold water and trash removal services for the Dwelling Unit and all common areas at The Groves. * * * The Mem
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