Rushford State Bank v. Kjos

OPINION

HUSPENI, Judge.

Appellants Clifton Kjos and Steven Anderson appeal from the trial court’s summary judgment in a declaratory judgment action which determined that respondents Curtis and Robin Courrier have a paramount right to purchase agricultural property Kjos previously owned. We reverse.

FACTS

Clifton and Darlene Kjos, as husband and wife, owned and operated a farm in Fillmore County which was mortgaged to Rushford State Bank (Bank). Olga Kjos, Clifton’s mother, held a contract for deed on the farm. The Bank became the fee owner of the property when it foreclosed on the mortgage after…