A-24-526, Cottonwood Flats, Inc. (Appellee) v. Kurt A. Hohenstein (Appellant)
Dakota County District Court, Judge Bryan C. Meismer
Attorney for Appellant: N/A (Self-Represented Litigant)
Attorneys for Appellee: Andrew T. Schlosser and Susan J. Spahn (Fitzgerald, Schorr, Barmettler, & Brennan, P.C., L.L.O.)
Civil: Writ of Restitution; Subject Matter Jurisdiction; Claim Preclusion; Mootness
Action Taken by Trial Court: The district court entered an order granting restitution to Appellee after it determined that there was no evidence presented that anyone other than Appellee owned the property and that Appellant did not have a valid lease to the property.
Assignments of Error on Appeal: On appeal, Appellant has assigned five errors. In his first two assigned errors, he alleges that the district court lacked subject matter jurisdiction due to (1) a failure to serve Appellee in the underlying litigation, and (2) a title dispute regarding the property. In his remaining assigned errors, Appellant alleges that the district court erred in (3) ignoring admissions that Appellee was not the owner of the property and disregarding findings from the underlying litigation that Appellee’s deed to the property was void and unenforceable, (4) failing to find that the doctrine of claim preclusion precluded issues concerning ownership and use of the property, and (5) ignoring the lease between the parties.