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Case No. 18-0950

Homeland Energy Solutions, LLC
Steven J. Retterath, Jason Retterath and Annie Retterath et. al

The plaintiff, Homeland Energy Solutions, LLC (HES), filed a breach of contract action against one of its former Directors, Steve Retterath, seeking specific performance of a Membership Unit Repurchase Agreement (MURA). Jason and Annie Retterath, voting members of HES, intervened claiming HES violated its operating agreement by entering into the MURA without a majority member vote. The district court determined a membership vote was not required to ratify the MURA, and subsequently entered judgment in favor of HES. On appeal, Steve Retterath argues HES failed to present sufficient evidence to establish it was entitled to specific performance. He further argues the district court erred in: (1) granting summary judgment to HES, (2) denying his affirmative defenses, (3) granting HES’s posttrial motion to supplement the record, (4) awarding HES attorney fees and denying his request for attorney fees, (5) denying his motion for evidentiary sanctions or a continuance, and (6) denying his motion for new trial and striking his jury demand. Jason and Annie Retterath also appeal, arguing the district court erred in: (1) determining a member vote was not required to ratify the MURA, (2) concluding the MURA did not violate public policy, (3) not enjoining HES from seeking specific performance of the MURA, and (4) severing the specific performance trial.

Trial Court Case No.:


Homeland Energy Solutions, LLC


Steven J. Retterath, Jason Retterath and Annie Retterath et. al

Attorneys for the Appellee

Michael A. Dee
Brant D. Kahler

Attorneys for the Appellant

William J. Miller
Kirk W. Schuler
David Hirsch
Brian J. Brislen
Adam R. Feeney
Allen H. Libow

Jason W. Miller

Supreme Court

Oral Argument Schedule


Dec 16, 2019 1:30 PM


Supreme Court Opinion

Opinion Number:
Date Published:
Feb 07, 2020
Date Amended:
Apr 15, 2020

View archived opinions from prior to November 2017

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