Mark W. Vyvyan

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Email: mvyvyan@fredlaw.com
Office: 612.492.7005
Mobile: 612.209.6375

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PRIMARY SERVICES

Litigation
Real Estate Litigation
Banking & Financial Services Litigation
Construction

ADDITIONAL EXPERTISE

Energy
Real Estate
Sports & Entertainment
Debt Finance

“I thrive on the challenge of winning the tough cases.”

Overview

Mark is a litigator, known for winning important cases for his clients in areas like commercial landlord-tenant disputes, complex foreclosures, construction disputes, oil and gas litigation, and significant boundary and easement disputes.

Although Mark is a litigator and focuses his practice on real estate disputes, he also has experience handling real estate transactions, which makes him a more effective litigator. Mark has tried cases for both plaintiffs and defendants in states across the Upper Midwest. Mark also mediates real estate-related matters, including residential and commercial construction disputes, commercial landlord-tenant matters and boundary and easement disputes. Mark is well-known for his hard work, responsiveness and expertise in achieving great results for his clients.

Experience

REPRESENTATIVE EXPERIENCE

Mark represented the lessee/operator in a dispute over whether an oil and gas lease had expired. After a three-day trial, the court found in favor of Mark’s client. After the trial, the lessors appealed to the North Dakota Supreme Court. Following oral argument, the Supreme Court adopted Mark’s reasoning and affirmed the trial court’s decision.
Mark and his team represented a well-known Minnesota nonprofit corporation in a dispute with a national telecommunications company. After nearly two years of litigation, and substantial discovery and motion practice, the court adopted Mark’s arguments and granted his client’s motion for partial summary judgment. Soon thereafter, with most of the key issues decided, the case settled on terms very favorable to Mark’s client.
Mark and his team represented a townhome builder that was the target of a construction defect lawsuit brought by the project’s homeowners association. The association sought over $2 million in damages. Mark successfully argued for dismissal of the case on summary judgment. With its claims dismissed by the trial court, and facing the prospect of an award of attorneys’ fees against it, the association agreed to waive its appeal rights.
Mark defended a golf course against a suit brought by its landlord seeking to evict the course from its leased premises and recover a judgment in excess of $2 million. After a five day trial in this “bet the company” case, Mark’s client prevailed on all claims and was awarded attorneys’ fees.
Mark represented a local company in a suit to collect a significant amount of rent from its commercial tenant who vacated its premises claiming to have been unlawfully forced out. After a two day trial, the jury rejected the tenant’s claims and awarded Mark’s client every dime it had asked for.
Another of Mark’s clients was the target of a claim that it had breached a purchase agreement to sell land for a major townhome development. The plaintiff sought damages from Mark’s client in excess of $6 million. After a three day trial, the court ruled for Mark’s client on all counts and awarded the opposition nothing.
Mark represented an owner in a construction dispute in North Dakota. After a two-day trial, the jury found for Mark’s client and awarded the opposition nothing.

Articles & Presentations

Can They Change the Rules Like That? A Look at Amendment of HOA Restrictions

June 30, 2022

By Mark W. Vyvyan

It is very common for subdivisions and planned communities to be governed by homeowners’ associations – often referred to as “HOAs”. The lots in these subdivisions are also typically subject to covenants, conditions, and restrictions (“CCRs”) contained in the “declarations” that invest the HOAs with the power to govern those communities. Homeowners in these communities may wonder if those CCRs can be changed in the future without their consent.