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Michels v. Kozitza

Court of Appeals of Minnesota

610 N.W.2d 368 (2000)

Relevant factsFree

David Michels (plaintiff) owned 20 acres of farmland, classified as an agricultural homestead for property-tax purposes, but did not actually live on that parcel. After Lucy Kozitza and the Kozitza Family Partnership (defendants) obtained a judgment against Michels, the county sheriff levied on the 20 acres to satisfy the debt. Michels sought to enjoin the execution sale, arguing Minnesota's homestead exemption protected the land from creditors because it was classified as homestead property for tax purposes, even though his actual home sat elsewhere. The district court refused to enjoin the sale, and Michels appealed.

IssueFree

Whether the homestead exemption for debtors applies to a parcel of property that is not contiguous with the property on which the debtor's home is located.

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