MINNESOTA LAW & POLITICS

December-January 2001 • Number 123


Lawsuits of theYear
"Hearth & Home" MAN. DOG BITE CONDO ASSOCIATION Moshe Bukrinsky (and Alec, the Rottweiler) v. Cedar Trails Condominium Association Gerald Laurie, Lapp, Laurie, Libra, Thomson & Stoebner Ctd., for the plaintiffs. When Moshe Bukrinsky's son Gil was shot and killed in 1995, the loss Mat Bukrinsky into a chasm of depression. He was diagnosed with post- traumatic stress disorder, so affecting him that he relinquished his work and social life. All treatments proved ineffective until Alec, the Rottweiler Buknnsky had given Gil for his 16th birthday, came back to live with him in his Cedar Trails condominium.

Alec gave Bukrinsky a reason to get out of bed once again, and the roommates soon focfd a bond that helped Bukrinsky turn his life around. That is until his condo accosiation tried to put a stop to it.

The Cedar Trails Condominium Association strictly forbids dogs in its condos, and fined Buknnsky $200 a month for the violation. Buknnsky wrestled with the condo's board for months, arguing that, because of bis disability. Alee should be allowed to re——a a resident, under the federal Fair Housing Act and the Minnesota Human Rights Act, which allow people with disabilities "reasonable accommodations." even if it involves a violation Of their property rules.

Bukrinsky haggled with the board for 15 months, and when it started foreclosing on his condominium, he sued. In court, the Cedar Trails board said it was fully aware of J the reasonable accommodations laws and : said it only wanted written documentation of Bukrinsky's disability, which it claims it didn't receive until after it had been notified of the suit. Gerald Laurie, Buknnsky's attorney , says that Buknnsky had notified the board three daw before he sued, and that he was the victim of verbal harassment that hindered his recovery. The board allegedly said that a psychologist's report explaining Bukrinsky's disorder and his very real need for the animal "was not good enough."

Last May, after three years in the courts, a jury decided that Cedar Trails failed to allow Bukrinsky reaonable accomodations, which caused him further anguish. It ordered the association to pay $196,148 to compensate for the emotional distress inflicted upon Bukrinsky.

Bukrinsky says he plans to use the money to fulfill his dream of opening up a health and nutrition store. Alec will continue to support him.

-NickFauchald