One of the main purposes for “development agreements” is to provide the owner and developer with certainty to justify the significant sums they are investing in their developments. However, a change in control of a municipality can often result in the desire to avoid the terms of a development agreement signed by a previous administration.
Mark W. Vyvyan
Assistant: Julie Ciesynski, 612.492.7513
“I thrive on the challenge of winning the tough cases.”
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.
- 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
June 11, 2021
Due to shifting commodity prices, land use regulations, and a variety of other factors, mineral interests often go unused for significant periods of time.
May 26, 2021
Deficiency judgments are common occurrences in mortgage foreclosures and typically arise when the amount bid at sale is less than the amount due on the mortgage debt. It is rare, however, when the amount bid at sale exceeds the mortgage debt.
March 29, 2021
At first glance, it would seem a commercial tenant’s failure to maintain the leased premises in violation of the lease’s terms would allow the landlord to recover the costs necessary to make the repairs.
March 1, 2021
Most lenders are familiar with creating and perfecting security interests in personal property. However, when lending to farmers, there are a few additional issues.
January 29, 2021
A recent Wisconsin Court of Appeals’ decision illustrates the importance of specificity when drafting restrictive covenants.
December 21, 2020
When faced with a difficult decision on whether to make a payment consider the powerful impact of the voluntary payment doctrine.
November 4, 2020
Even if easement rights are not used for an extended period, it would be a mistake for an owner of property burdened by such an easement to assume the other party’s easement rights have been abandoned.
October 19, 2020
It is not always clear whether materials such as clay, gravel and sand are subject to mineral reservations – or whether those materials belong to surface owners.
September 3, 2020
While many would define the “crop year” to be the time between harvests, that definition can cause confusion in long-term agricultural leases, especially where the tenant-farmer intends to raise different crops during the lease term.
September 1, 2020
The pandemic-induced economic downturn has created huge stresses on owners of both residential and commercial real property. In turn, those stresses have been visited upon the lenders who have financed those properties.
May 27, 2020
Depending on the circumstances, parties exchanging electronic messages may unwittingly create a binding contract to buy or sell real estate.
May 20, 2020
Landlords and tenants are familiar with the term “covenant of quiet enjoyment,” but they often misunderstand the meaning of that covenant.
May 11, 2020
Minnesota landowners may have heard the term “torrens” when dealing with title to their property, but most are unsure of the term’s meaning or its origin.
April 28, 2020
On April 20, 2020, the price of West Texas Intermediate crude oil dropped to a historic low of negative $37 per barrel.
April 20, 2020
We have all heard that “possession is nine-tenths of the law,” but is that true?
April 13, 2020
Many Minnesotans know that “maximum load per axle” signs have something to do with road restrictions, but most Minnesotans don’t have an understanding of what the phrase actually means.
April 9, 2020
The current pandemic has provided an opportunity for many of us to watch old movies. In the 1955 Western film “Man Without a Star,” Kirk Douglas’ character risked his life to preserve the barbed-wire fences he installed across the open prairie of the American West. It seems hard for many of us to believe now, but in the late 19th Century, the fencing of open range was a matter of paramount importance. Even today, North Dakota’s laws reflect the tension between allowing livestock to roam freely and keeping them confined to their owner’s property.
March 16, 2020
Minnesotans often have questions about their legal rights and responsibilities in dealing with water and the damage it can cause their homes and other real property.
June 13, 2017
When it comes to trees, Minnesota law allows neighbors to take the law into their own hands under the right circumstances.
June 2, 2017
Governor Dayton has signed into law House Bill 1538, which adds additional requirements for condominium and townhome homeowners associations wishing to bring construction defect claims against developers.
June 2, 2014
Following the “Great Recession” of 2008 and 2009, banks were forced to foreclose on a number of mortgages granted to defaulting borrowers. As a result, banks’ portfolios of “other real estate owned” grew significantly. Although the economy is recovering, these OREO properties continue to demand significant attention. While there are many regulatory issues related to OREO properties, this article will focus on some of the real estate related considerations for managing your OREO.
PUBLICATIONS & PRESENTATIONS
- Speaker, “Mortgage Foreclosure: Foreclosure by Action,” Minnesota CLE, February 16, 2021
- Presenter, “Construction Defects & Disputes,” Hennepin County Bar Association CLE, December 17, 2020
- Presenter, “Minnesota Workouts and Foreclosures,” Minnesota State Bar Association, December 2, 2020
- Co-Presenter, “Mortgage Foreclosures,” Minnesota CLE: The Complete Real Estate Lawyer, July 23, 2020
- Presenter, “Minnesota Workouts and Foreclosures,” Fredrikson & Byron Webinar, June 23, 2020
- Presenter, “Minnesota Workouts and Foreclosures,” Hennepin County Bar Association Webinar, May 14, 2020
- Presenter, “Advising the Disadvantaged – Residential Eviction Defense,” Minnesota CLE, March 19, 2012, February 26, 2013, February 19, 2014, February 4, 2015, March 7, 2016, March 29, 2017, March 20, 2018, March 12, 2019 and March 19, 2020
- Co-Presenter, “Construction Defects & Disputes – Warranties, Right to Inspect & Repair, and Preserving Evidence,” Minnesota CLE, October 31, 2019
- Presenter, “Do Good Fences Make Good Neighbors? Fences and Boundary Issues,” Minnesota CLE, June 6, 2019
- Presenter, “Fundamentals of Landlord-Tenant Law,” Sterling Education Services, December 19, 2014
- Presenter, “Considerations for Managing the OREO on Your Books,” Bank Holding Company Association Webinar, June 13, 2013
- Speaker, “Damages, Trespass, Trees and Punitive Damages,” One Step Over the Line…Boundaries, Access & Surveys, June 3, 2011
Honors & Education
- University of Wisconsin Law School, J.D., 1997, cum laude
- University of Wisconsin, B.S., Political Science, 1994, with distinction
- Minnesota, 1997
- Wisconsin, 1997
- North Dakota, 2014
- Arizona, 2016
- U.S. District Court, District of North Dakota, 2016
- District Court, Western District of Wisconsin, 1997
- District Court, District of Minnesota, 1998
- Court of Appeals, Eighth Circuit, 1998
- United States Supreme Court, 2021
- Minnesota Lawyer’s POWER 30: Real Estate and Construction Law, 2021
- Order of the Coif
- Minnesota Super Lawyers, Rising Star
- Minnesota State Bar Association
- State Bar of Wisconsin
- Hennepin County Bar Association
- Volunteer Lawyers Network, Board Member, 2010-2016
- Maple Grove Crimson Football Athletic Club, Board Member, 2016-2020, President, 2018-2020
- Maple Grove Youth Football Association, Coach and Board Member, 2011-2016