Anderson v. Lecon Properties, Inc., 71-1498.
| Decision Date | 17 April 1972 |
| Docket Number | No. 71-1498.,71-1498. |
| Citation | 457 F.2d 929 |
| Parties | Walter R. ANDERSON et al., Plaintiffs-Appellants, v. LECON PROPERTIES, INC., a Minnesota Corporation, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Harry H. Peterson, Minneapolis, Minn., for plaintiffs-appellants.
Jerome B. Pederson, Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman, P. A., Minneapolis, Minn., for defendant-appellee.
Before GIBSON, HEANEY and ROSS, Circuit Judges.
This is a civil rights action under 42 U.S.C. § 1983. The facts of the case are unusual.
The plaintiffs in this case obtained a judgment in the District Court of Anoka County, Minnesota, ordering the defendants to reconvey to them certain property, conditioned upon the plaintiffs' payment or tender of the purchase price, taxes, and certain other expenses; the amount of this payment was approximately $200,000. Judgment was entered on May 26, 1969, and plaintiffs had six months from the date of entry of judgment to tender the payment. Plaintiffs filed a post-trial motion for an enlargement of time in which to make the tender, which was denied. Defendants appealed from the judgment and posted a cost bond, but did not post a supersedeas bond; plaintiffs did not appeal. The appeal was still pending in the Minnesota Supreme Court, without having been briefed or argued, when the six months redemption period of the judgment expired. Thereupon the defendants moved for a remand to the District Court for relief from the judgment. The Supreme Court of Minnesota remanded the case with an order providing that both parties "are authorized to seek such relief from the judgment entered herein as they may be advised."
Following the remand, the State trial court on April 21, 1970 entered a new judgment granting the plaintiffs nine months from the date of entry of the judgment or six months from the date of the final termination of an appeal from the new judgment in which to tender the payment. The defendants then filed a petition for a writ of mandamus in the Supreme Court of Minnesota, alleging that under Minnesota law the trial court was without jurisdiction to enter the new judgment and that the Supreme Court's remand was only for the purpose of determining whether the plaintiffs had made the necessary tender under the terms of the original judgment; the proper disposition of this issue would render moot the rest of the appeal.
The Minnesota Supreme Court granted the defendants' petition and issued a writ of mandamus ordering the trial court to vacate its judgment of April 21, 1970; since by that time it was also conceded that the plaintiffs had not made the necessary tender, the Supreme Court also ordered the trial court to enter a judgment quieting defendants' title to the...
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Wiesenfeld v. State of NY
...1153, 1157 (E.D.Pa. 1976); see Rooker v. Fidelity Trust Co., 263 U.S. 413, 44 S.Ct. 149, 68 L.Ed. 362 (1923); Anderson v. Lecon Properties, Inc., 457 F.2d 929, 930 (8th Cir.), cert. denied, 409 U.S. 879, 92 S.Ct. 132, 34 L.Ed.2d 133 (1972); cf. Alsager v. District Court, 518 F.2d 1160, 1165......
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Tang v. Appellate Division of NY Supreme Ct., First Dept.
...234 (1970). The fact that Tang brought his action under § 1983 does not alter the Rooker principle.7 Thus in Anderson v. Lecon Properties, Inc., 457 F.2d 929 (8th Cir.), cert. denied, 409 U.S. 879, 93 S.Ct. 132, 34 L.Ed.2d 133 (1972), the plaintiffs had started a state action in which they ......
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