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First International Bank & Trust v. Village Homes At Harwood Groves

May 11, 2011

FIRST INTERNATIONAL BANK & TRUST,
PLAINTIFF
v.
VILLAGE HOMES AT HARWOOD GROVES, LLC A/K/A VILLAGE HOMES AT HARWOOD GROVES CONDOMINIUM ASSOCIATION, DANOVIC PROPERTIES, LLC, MARLAND HOFF, VIRGINIA HOFF, ADAMS DEVELOPMENT CORPORATION, DUANE ROGNE, DANIEL SHELSTAD, GARY CORNFORTH REVOCABLE LIVING TRUST, GERALD HENDRICKS, JANE HENDRICKS, ROGNE FAMILY, LLP, RALPH PETERSON, GWEN PETERSON, ROBERT NORWOOD, RICHARD RIPPLINGER, JEAN RIPPLINGER, FIRST INTERNATIONAL BANK & TRUST, ARLAN ANDERSON, ABNER SELVIG, JOHN VOLKERDING AND MOLLY VOLKERDING, DAVID HALVORSON, VALERIE HALVORSON, WEST PARK II INVESTMENTS, LLC AND RAMSEY NATIONAL BANK & TRUST AS TRUSTEE OF THE DANIEL E. SHELSTAD IRA, INTERVENOR PLAINTIFFS AND APPELLEES V. D. DUANE PETERSON, MID AM GROUP, LLC, A NORTH DAKOTA LIMITED LIABILITY COMPANY, AND MID AM GROUP REALTY, DEFENDANTS AND APPELLANTS AND AUTO-OWNERS INSURANCE CO., DEFENDANT



Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John Charles Irby, Judge.

The opinion of the court was delivered by: Crothers, Justice.

N.D. Supreme Court

First International Bank & Trust v. Peterson,

2011 ND 87

This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Opinion of the Court by Crothers, Justice.

First International Bank & Trust v. Peterson

No. 20100280

[ ¶1] D. Duane Peterson, Mid Am Group, LLC, and Mid Am Group Realty (collectively "Mid Am") appeal from a summary judgment declaring that Village Homes at Harwood Groves, LLC, also known as Village Homes at Harwood Groves Condominium Association ("Association"), is entitled to $215,503.22 in insurance proceeds. We affirm, concluding the Association has standing and the district court did not err in ruling the Association is entitled to the insurance proceeds.

I

[ ¶2] Mid Am Group, LLC, is owned by D. Duane Peterson and did business under the name Mid Am Group Realty. Mid Am developed and built the Village Homes at Harwood Groves Condominiums ("Village Homes") in Fargo. Village Homes consists of fifty condominium units in one building. Mid Am obtained financing to build and develop the condominiums through First International Bank & Trust. On May 24, 2005, Mid Am recorded the Declaration, Bylaws, and Covenants and Restrictions ("condominium documents") for Village Homes with the Cass County Recorders Office. The Village Homes at Harwood Groves Condominium Association was initially an unincorporated condominium association, which was formed when Mid Am recorded the condominium documents, and was the predecessor to the present Association. Mid Am did not create a board of managers for the condominium association. Mid Am obtained insurance for Village Homes through Auto-Owners Insurance Company. Mid Am and Mid Am Group Realty were listed as the insured parties.

[ ΒΆ3] On September 12, 2007, a hail storm occurred. Mid Am submitted a proof of loss with Auto-Owners and made a claim for damage to Village Homes' roof under the insurance policy. Auto-Owners adjusted the claim in the amount of $215,503.22. At the time of the hail storm, ten of the ...


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