Mark W. Vyvyan

Mark is a litigator, known for winning important cases for his clients in areas like commercial landlord-tenant disputes, complex foreclosures, construction disputes, oil and gas litigation, and significant boundary and easement disputes.

Although Mark is a litigator and focuses his practice on real estate disputes, he also has experience handling real estate transactions, which makes him a more effective litigator. Mark has tried cases for both plaintiffs and defendants in states across the Upper Midwest. Mark also mediates real estate-related matters, including residential and commercial construction disputes, commercial landlord-tenant matters and boundary and easement disputes. Mark is well-known for his hard work, responsiveness and expertise in achieving great results for his clients.

• Mark represented the lessee/operator in a dispute over whether an oil and gas lease had expired. After a three-day trial, the court found in favor of Mark’s client. After the trial, the lessors appealed to the North Dakota Supreme Court. Following oral argument, the Supreme Court adopted Mark’s reasoning and affirmed the trial court’s decision.
• Mark and his team represented a well-known Minnesota nonprofit corporation in a dispute with a national telecommunications company. After nearly two years of litigation, and substantial discovery and motion practice, the court adopted Mark’s arguments and granted his client’s motion for partial summary judgment. Soon thereafter, with most of the key issues decided, the case settled on terms very favorable to Mark’s client.
• Mark and his team represented a townhome builder that was the target of a construction defect lawsuit brought by the project’s homeowners association. The association sought over $2 million in damages. Mark successfully argued for dismissal of the case on summary judgment. With its claims dismissed by the trial court, and facing the prospect of an award of attorneys’ fees against it, the association agreed to waive its appeal rights.
• Mark defended a golf course against a suit brought by its landlord seeking to evict the course from its leased premises and recover a judgment in excess of $2 million. After a five day trial in this “bet the company” case, Mark’s client prevailed on all claims and was awarded attorneys’ fees.
• Mark represented a local company in a suit to collect a significant amount of rent from its commercial tenant who vacated its premises claiming to have been unlawfully forced out. After a two day trial, the jury rejected the tenant’s claims and awarded Mark’s client every dime it had asked for.
• Another of Mark’s clients was the target of a claim that it had breached a purchase agreement to sell land for a major townhome development. The plaintiff sought damages from Mark’s client in excess of $6 million. After a three day trial, the court ruled for Mark’s client on all counts and awarded the opposition nothing.
• Mark represented an owner in a construction dispute in North Dakota. After a two-day trial, the jury found for Mark’s client and awarded the opposition nothing.

Education

• University of Wisconsin Law School, J.D., 1997, cum laude
• University of Wisconsin, B.S., Political Science, 1994, with distinction

Admissions

• Minnesota, 1997
• Wisconsin, 1997
• North Dakota, 2014
• Arizona, 2016
• U.S. District Court for the District of North Dakota, 2016
• U.S. District Court for the Western District of Wisconsin, 1997
• U.S. District Court for the District of Minnesota, 1998
• U.S. Court of Appeals for the Eighth Circuit, 1998
• U.S. Supreme Court, 2021

• North Star Lawyer, Minnesota State Bar Association, 2023
• Volunteer of the Year, Volunteer Lawyers Network, 2023
• Minnesota Lawyer, POWER 30—Real Estate and Construction Law, 2021-2023
• Minnesota Super Lawyers Rising Star, 2005-2009, 2011-2012
• Order of the Coif

Professional Activities

• Minnesota State Bar Association
• State Bar of Wisconsin
• Hennepin County Bar Association

Community

• Lafayette Club Racquet Sports Committee, Member, 2022-present
• Allison H.O.P.E. Foundation, Board Member, 2022-present
• MYAS-Certified Youth Basketball Official, 2021-present
• Volunteer Lawyers Network, Board Member, 2010-2016
• Maple Grove Crimson Football Athletic Club, Board Member, 2016-2020, President, 2018-2020
• Maple Grove Youth Football Association, Coach and Board Member, 2011-2016