ROEMHILDT v. KRISTALL DEVELOPMENT, INC.

No. A10-1846.

798 N.W.2d 371 (2011)

James E. ROEMHILDT, et al., Respondents, v. KRISTALL DEVELOPMENT, INC., et al., Defendants, 21st Century Bank, Appellant.

Court of Appeals of Minnesota.

May 3, 2011.


Attorney(s) appearing for the Case

John Chuck Peterson , Jorun Groe Meierding , Maschka, Riedy & Ries, Mankato, MN; and David R. Cummiskey , Cummiskey Law Office, Waterville, MN, for respondents.

Brian M. Sund , Eric G. Nasstrom , Kathleen M. Ghreichi , Morrison, Fenske & Sund, P.A., Minnetonka, MN, for appellant.

Considered and decided by BJORKMAN, Presiding Judge; STONEBURNER, Judge; and CRIPPEN, Judge.


OPINION

STONEBURNER, Judge.

Appellant bank, owner of real estate subject to a mortgage, challenges the district court's ruling that the bank cannot enforce a partial-release provision contained in the note secured by the mortgage.

FACTS

In 2004, respondents James and Barbara Roemhildt (Roemhildts) sold a large parcel of land to defendant Kristall Development, Inc. (KDI), which platted the parcel into approximately 40 lots. Roemhildts financed...

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