| Class Action Litigation -
Manufactured Home Community Residents
Lommen Abdo has represented countless manufactured home community residents in class action lawsuits involving illegal utility fees.
How the cases started
In 1999, Lommen Nelson (the predecessor of Lommen Abdo) accepted a pro bono opportunity representing a
group of manufactured home community ("MHC") residents in East
Bethel, Minnesota. The residents sought legal representation when the
owners of their community installed water meters on their homes and began
charging for water and sewer services although the lease agreements
provided that water and sewer services would be included in lot rent at no
additional charge. The East Bethel case settled in late 2003 after a
district court judge ruled in favor of the residents and the Minnesota
Court of Appeals affirmed. The residents received full refunds of the
utility fees and established important precedent for MHC residents across
the State of Minnesota. The case is Sargent v. Bethel Properties, Inc.,
653 N.W.2d 800 (Minn. Ct. App. 2002), review denied.
Having heard of the important resident victory in Sargent, other
MHC residents contacted Lommen Abdo to start class action lawsuits on
the same issue. In 2004, several community residents achieved favorable
results in their water meter class actions. Residents at Cedar Knolls in
Apple Valley were awarded $383,000 in damages by a Dakota County jury. A
Washington County jury awarded residents at Cimarron Manufactured Home
Community $288,000. Other MHC residents reached favorable settlements with
park owners without going to trial.
The Lommen Abdo class action litigation team for the MHC cases
includes Barry O’Neil, Valerie Sims, and Kay Nord Hunt. (Click here
for an article on this issue.) For more
information about the MHC cases, contact Valerie Sims at valerie@lommen.com or 612-336-9318 or 800-752-4297.
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