Back in the day, before the cycling craze really hit the U.S., we were really into the sport. Wool jerseys, toe clips, and other stuff that is now probably considered retro. We also followed the European racing scene, even though the only American to follow was Greg LeMond.
LeMond has long since retired, but he's apparently still competitive. In LeMond v. Yellowstone Development, LLC , No. DA 13-0383 (Aug. 20, 2014), he sued after a deal to purchase adjacent property fell through:
Blixseth sent an e-mail on behalf of Yellowstone Development on September 21, 2000. The e-mail stated, “The deal is that if Greg brought in 10 people who bought at the club, he would receive the lot.” The e-mail continued, “We did reach agreement that if after 5 years he had brought in less than the 10, he could pay the difference at the rate of $100,000 per person.” LeMond maintains that the e-mail memorialized an oral contract for the purchase of Lot 11 from Yellowstone Development for $1,000,000. The contract provided that LeMond would receive an offset of $100,000 for each new member whom LeMond was able to “bring in” to the Yellowstone Mountain Club. The offset was allowed up to the amount of the entire purchase price, so LeMond would receive the property without paying any money if he brought in ten new members.Blixseth acknowledged that he engaged in negotiations on behalf of Yellowstone Development to this effect, but denied that a contract was ever created.
Slip op. at 3-4.
As sometimes happens in cases involving land, on the same day that he filed the complaint, LeMond filed a notice of lis pendens. Blixeth formed a separate entity, Overlook, which bought the property from Yellowstone Development subject to the lis pendens and LeMond's claims. Overlook asserted that the lis pendens was a taking because it is a prejudgment remedy that interfered with its property rights by rendering the disputed land unmarketable.
The Montana Supreme Court rejected the argument because a lis pendens isn't a remedy, and "only protects a party's ability to recover if a judgment is in its favor." Slip op. at 13. It merely puts prospective purchasers on notice of someone else's pending lawsuit:
The lis pendens provided notice to potential purchasers of the property, including Overlook Partners, that LeMond claimed title to the Overlook Lots. Overlook Partners knowingly acquired only that interest held by Yellowstone Development at the termination of LeMond’s action. Because Overlook Partners took the property subject to LeMond’s claim, it was not deprived of a constitutionally-protected property interest.Id. Bottom line: don't mess with the guy who took down The Badger. Seems about right to us.
Greg LeMond v. Yellowstone Development, LLC., No. DA 13-0383 (Mont. Aug. 20, 2014)
