Oaks Gallery & Country Store-Winona, Inc. v. Lee Enterprises, Inc.

613 N.W.2d 800, 2000 Minn. App. LEXIS 722, 2000 WL 945360
CourtCourt of Appeals of Minnesota
DecidedJuly 11, 2000
DocketC8-00-8
StatusPublished
Cited by2 cases

This text of 613 N.W.2d 800 (Oaks Gallery & Country Store-Winona, Inc. v. Lee Enterprises, Inc.) 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
Oaks Gallery & Country Store-Winona, Inc. v. Lee Enterprises, Inc., 613 N.W.2d 800, 2000 Minn. App. LEXIS 722, 2000 WL 945360 (Mich. Ct. App. 2000).

Opinion

OPINION

DANIEL F. FOLEY, Judge. *

On appeal from summary judgment, Oaks Gallery and Terry and Martha Sue Duggins challenge the district court’s determination that the newspaper and newspaper reporter did not defame them as a matter of law. They contend genuine issues of material fact exist as to whether an article incorrectly attributed the nonpayment of delinquent real estate taxes to them, causing harm to their business. We affirm.

FACTS

In spring of 1986, EMD Construction Company (EMD) purchased the property *802 at issue, located at 425 Cottonwood Drive in Winona. EMD is a Kansas corporation, whose sole shareholder was appellant Terry Dugginss mother, Eva Murphy Dug-gins. Terry Duggin’s has served as president of EMD since approximately 1984. The warranty deed filed with the Winona County Auditor indicated that the property tax statement should be sent to EMD in care of Terry Duggins; throughout the years, he provided the auditor with various Twin Cities addresses for EMD.

Oaks Gallery, a gift and craft store, began leasing space from EMD shortly after EMD purchased the property. It displayed the work of many crafters, who paid Oaks Gallery a monthly fee and a 12 percent commission on sales of their crafts. The Martha Sue Duggins Partnership, a South Dakota limited partnership whose partners were Terry Duggins and his wife, Martha Sue Duggins, owned the Oaks Gallery corporation. Oaks Gallery did not own any shares of EMD or vice versa, and the terms of the lease provided that EMD was required to pay all property taxes.

EMD encountered financial problems after remodeling the building in 1986, when mechanics’ liens were filed on the property because the contractor allegedly failed to pay some subcontractors and suppliers. Terry Duggins explained that although he was president of EMD, his mother and her attorneys instructed him not to make tax payments after the mechanics liens’ were filed. The county began forfeiture proceedings and obtained a judgment for delinquent taxes in May 1987. In 1989, before the redemption period expired, EMD filed for bankruptcy protection, which stayed the forfeiture proceedings.

After his mother’s death, Terry Duggins and his sister each inherited a 50 percent share of EMD; by 1992, Terry Duggins had acquired his sister’s share and he owned 100 percent of EMD. At some point, another Kansas corporation, CPJ Enterprises (CPJ), acquired an ownership interest in the property through a contract for deed, but never acquired title. Martha Sue Duggins was initially the sole shareholder of CPJ, but Terry and Martha Sue Duggins’s limited partnership acquired the CPJ stock later.

Since its lease began, Oaks Gallery consistently paid the rent when due, which ranged from $2,000 to $8,700 per month. Oaks Gallery initially made the payments to EMD, but at some point began making payments to CPJ.

The bankruptcy trustee eventually abandoned the property. EMD resumed legal control, but still failed to pay property taxes. The county began forfeiture proceedings again, and the three-year redemption period expired in 1995. The county issued the certificate of forfeiture on August 9, 1995, and Oaks Gallery signed a new lease with the county effective August 1, 1995, for monthly rental payments of $2,450.

While preparing an article on tax-delinquent properties, a reporter from the Wi-nona Daily News spoke to the Winona County Auditor, who provided him with information about the delinquencies described in the article. He also interviewed appellants and their attorney, who told him that Oaks Gallery did not own the property or owe taxes. The reporter agreed that this was technically true, but felt the ownership relationship was more complicated. Terry Duggins asserts that although the reporter agreed not to include the names of the Dugginses or Oaks Gallery in the article, he nonetheless did so.

On October 20, 1995, the Winona Daily News published the article about real estate tax forfeitures titled “The tax collector cometh,” with the subtitle “Oaks Gallery is among 13 tax-delinquent parcels soon to go on the block” Appellants contend that *803 the article defamed them by giving the false impression that .they, not EMD, failed to pay the property taxes.

On the day the article appeared Terry Duggins demanded that the editor publish a retraction. The editor published a clarification on October 21, 1995, and a formal retraction on November 9, 1995, making it clear that Oaks Gallery was not the. owner of the tax-delinquent property.

Terry Duggins asserts that the article had an immediate impact on the business of Oaks Gallery. On the day the article appeared a number of crafters called to cancel their display contracts. At the beginning of October 1995, the Oaks Gallery had contracts with 257 crafters; by January 1996, 88 had terminated their contracts. The business experienced a significant drop in customers during the end-of-the-year period that was typically the busiest.

On December 19, 1995, the county conducted a tax-forfeiture sale of the EMD property with a minimum bid of $150,000. Mary Sue Duggins bid $151,000 initially, but the county advised her that because she was an interested party, it would not sell the property to her for less than the total amount of taxes, penalties, and interest, which amounted to $191,000. Another purchaser bought the property. The Oaks Gallery closed after its lease ended, due to the financial impact of crafters terminating their contracts and the decline in the number of retail customers.

Appellants then sued respondents for defamation. The district court granted summary judgment for respondents. This appeal followed.

ISSUE

Is there a genuine issue of material fact as to whether the “gist or sting” of the statements in the article were true?

ANALYSIS

In considering an appeal from summary judgment, an appellate court will review the record to determine whether any genuine issues of material fact exist and whether the district .court erred as a matter of law. Offerdahl v. University of Minn. Hosps. Clinics, 426 N.W.2d 425, 427 (Minn.1988). The evidence will be considered in the light most favorable to the nonmoving party. Id.

A statement is defamatory if it is

communicated to someone other than the plaintiff, it [is] false, and it * * * tend[s] to harm the plaintiffs reputation and to lower him in the estimation of the community.

Stuempges v. Parke, Davis Co., 297 N.W.2d 252, 255 (Minn.1980). Generally, “the truth or falsity of a statement is inherently within the province of-the jury.” Lewis v. Equitable Life Assurance Socy., 389 N.W.2d 876, 889 (Minn.1986).

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Bluebook (online)
613 N.W.2d 800, 2000 Minn. App. LEXIS 722, 2000 WL 945360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oaks-gallery-country-store-winona-inc-v-lee-enterprises-inc-minnctapp-2000.