Marriage of Griepp v. Griepp

381 N.W.2d 865, 1986 Minn. App. LEXIS 4010
CourtCourt of Appeals of Minnesota
DecidedFebruary 18, 1986
DocketC6-85-961
StatusPublished
Cited by13 cases

This text of 381 N.W.2d 865 (Marriage of Griepp v. Griepp) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Griepp v. Griepp, 381 N.W.2d 865, 1986 Minn. App. LEXIS 4010 (Mich. Ct. App. 1986).

Opinion

OPINION

FOLEY, Judge.

Janet H. Griepp appeals from a February 25, 1985 dissolution decree, claiming error in the trial court’s distribution of marital property and in its award of rehabilitative maintenance. Post-trial motions to amend the judgment and decree or, alternately, to grant a new trial were denied. We affirm.

FACTS

Arden and Janet Griepp were married on March 14, 1959, separated on August 8, 1982, and divorced on February 25, 1985. The marriage produced three children, all emancipated at the time of the dissolution trial. For two and one-half years prior to and during the marriage, appellant was employed in various clerical positions. In 1959, she left her position as a steno clerk, pending the birth of the couple’s first child. She ceased working outside the home after this period of time. Respondent and his brother are co-owners of Griepp Brothers Blacktopping, Inc., of which respondent is president, and a partnership, Griepp Brothers Partnership. Appellant worked part time for the companies doing clerical work and filing. The position was not paid.

During the marriage the parties lived in a three bedroom rambler with a heated double garage in Bloomington. The homestead included a large fenced-in yard, bordered on one side by a major interstate freeway. While the dissolution action was pending, both parties engaged separate appraisers for valuation of the homestead. Because of the wide discrepancy in the figures, the parties agreed to retain a third appraiser.

The proposal was made by appellant’s former attorney, Judy Mack, in a letter dated April 13, 1984. The letter provided in pertinent part:

I discussed the issues of the valuation of the homestead and the personal property with Ms. Griepp. It is our proposal that the parties hire a professional appraiser to appraise both the property and its contents. Ms. Griepp would prefer that the parties agree that they would be bound by the appraisals. She also proposes that the parties share equally the cost of the appraisal. * * *
*867 Choosing the appraiser should be done by both parties and a neutral person— unknown to either of them — should be chosen. This way, they can both feel less constraints in agreeing to be bound by the appraisals.

In a letter dated May 24, 1984, respondent’s present attorney stated:

This letter is to confirm our phone conversation. It is my understanding that I will obtain a third appraisal on the house and that we both will be bound by the third appraisal; * * * and that you will obtain a copy of the appraisal of Mr. Griepp’s business and forward a copy to me.

The attorneys agreed upon appraiser George Johnson, whom both attorneys had used on a previous occasion.

Johnson appraised the Griepp homestead at $92,000. At the November 7-8 trial, he explained that his appraisal was based on a comparison method of valuation, a more accurate measure of residential property. The comparison point were three homes sold within two months of the appraisal and within two miles of the couple’s home. The comparable homes had been sold for $86,250, $88,900, and $95,000. Johnson then evaluated the different features of the homestead and the comparable properties. With the net adjustments, the comparable properties were valued at $94,250, $91,900, and $92,000, respectively. His appraisal report indicated that the Griepp home had a lot and garage superior to all three comparable properties, but that its overall condition was inferior because it needed some decoration and painting.

William Ward, an appraiser retained by appellant after she received Johnson’s report, also used a three-home comparison method of valuation. In Ward’s opinion, the subject property had an estimated market value of $78,000. The comparable homes sold for $85,000, $82,900 and $81,-000. The first comparable was located on the same block as the subject home, and the other two properties were approximately one mile east, close to a commercial area. In Ward’s opinion, the single most important factor in appraising the subject property was its close proximity to Interstate 35W. He stated that the compara-bles were in superior condition and that a commercial office complex, apartments and condominiums within two blocks of the homestead diminished its value.

Respondent testified that in the past three years he has averaged a net monthly income of $3,160 during the seven months of the year in which blacktop may be laid. The trial court averaged this amount over 12 months to $1,843 per month. Although respondent’s 1984 gross business income was likely to approximate-$51,000, he indicated that his net income was unlikely to change due to increased operating expenses. Respondent submitted a monthly budget of $1,807, including $472 in recreational expenses. The trial court discounted the recreational expense as an unreasonable living expense.

Appellant testified that her monthly living expenses were $1,170. She stated that for a short time after the couple’s separation in August of 1982, respondent paid the household expenses and provided her with an additional $200 per month. Subsequent to that time, she began paying for utilities and received an additional $400 per month from respondent, which was increased to $500 per month during the winter months.

It was uneontested that appellant earned $231 per month as rental income from a home in which she had inherited a 50% interest. Additionally, she usually received $100-150 per month for groceries from her son, who resided with her.

At trial, two rehabilitative counselors testified as to appellant’s ability to become self-sufficient. Based on her interview of appellant, expert Lynn Arbogast concluded that appellant was "semi-skilled” and could immediately re-enter the job market earning $600-700 per month as a clerical worker. Arbogast noted that 1-2 years of vocational training would enhance appellant’s employability.

Expert Lois Hennen concurred with most of Arbogast’s conclusions. However, she disagreed with Arbogast’s assessment that appellant was presently “semi-skilled,” *868 finding instead that such a classification was more accurate of appellant’s skills at age 24. Hennen estimated that appellant’s earning capacity was limited to an hourly wage of $7 because she did not have a college degree. She concluded that appellant could re-enter the job market at an entry-level position after six months to two years of retraining.

Both experts testified that appellant lacked motivation to re-enter the job market but that could be overcome through retraining. The trial court adopted this opinion in its findings.

The trial court concluded that despite a possible ambiguity in the parties’ agreement, the parties were bound by the $92,-000 appraisal. Notwithstanding this finding, the trial court concluded that independent evidence supported the $92,000 appraisal. The trial court denied appellant’s request for permanent maintenance and found no evidence to support appellant’s claim that respondent dissipated the tax refunds for his own purposes.

ISSUES

1.

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Bluebook (online)
381 N.W.2d 865, 1986 Minn. App. LEXIS 4010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-griepp-v-griepp-minnctapp-1986.