Category: Minnesota Court Opinions

MENDOTA GOLF, LLP, Respondent, v. CITY OF MENDOTA HEIGHTS, Appellant. No. A04-206.Supreme Court of Minnesota. January 10, 2006. Appeal from the District Court, Dakota County, Thomas R. Lacy, J. Page 163 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 164 [EDITORS’ NOTE: […]

158 N.W.2d 580 JACK DALTON v. DOW CHEMICAL COMPANY AND ANOTHER. TECT, INC., AND ANOTHER, THIRD-PARTY DEFENDANTS. STANDARD ACCIDENT INSURANCE COMPANY, INTERVENOR. No. 40,599.Supreme Court of Minnesota. April 19, 1968. Limitation of actions — running of statute — action based on illness due to defendant’s conduct. 1. Where plaintiff has full knowledge of an illness […]

In the Matter of a COMPLAINT REGARDING the ANNEXATION OF A PORTION OF the SERVICE TERRITORY OF PEOPLES COOPERATIVE POWER ASSOCIATION BY the CITY OF ROCHESTER. No. C4-88-1895.Minnesota Court of Appeals. November 1, 1988. Page 880 Syllabus by the Court 1. Minn.Stat. § 606.03 (1986), requiring that face of writ of certiorari be endorsed by […]

172 N.W.2d 745 DAVID GRANT WALSH v. CHAS. OLSON SONS, INC., AND ANOTHER. No. 41758.Supreme Court of Minnesota. December 5, 1969. Workmen’s compensation — injury not arising out of and in course of employment — violation of instruction. Injury of employee-relator while using a power jointer, though sustained on the premises of his employer during […]

STATE of Minnesota, Respondent, v. Omar Lutfi ABU-SHANAB, Appellant. No. C0-89-558.Minnesota Court of Appeals. December 5, 1989. Appeal from the District Court of Clay County, William E. Walker, J. Page 558 Syllabus by the Court 1. Consumption of alcohol by a minor is not a continuing offense. 2. The evidence is insufficient to sustain appellant’s […]

Harold Andrew RIEHM, Petitioner, Appellant v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. A06-2291.Minnesota Court of Appeals. March 11, 2008. Appeal from the District Court, Ramsey County, James H. Clark, Jr., J. Page 870 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 871 […]

Ronald JACOBSON, Relator, v. DULUTH, MISSABE IRON RANGE RAILWAY CO., Self-Insured, Respondent. No. C0-90-288.Supreme Court of Minnesota. July 20, 1990. Syllabus by the Court The Longshoreman and Harbor Workers’ Compensation Act, 33 U.S.C. § 901-950 (1988), is not a federal law comparable to the Federal Employers’ Liability Act, 45 U.S.C. § 51-60 (1982), so as […]

In the Matter of the WELFARE OF M.D.S. STATE of Minnesota, Respondent, v. M.D.S., Appellant. No. C4-83-159.Supreme Court of Minnesota. February 24, 1984. Appeal from the District Court, Hennepin County, Charles A. Porter, Jr., J. Page 724 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

TOWN OF FOREST LAKE, Petitioner, Respondent, v. The MINNESOTA MUNICIPAL BOARD, Appellant. No. C9-92-1556.Minnesota Court of Appeals. March 9, 1993. Review Denied April 29, 1993. Appeal from the District Court, Washington County, Thomas G. Armstrong, J. Syllabus by the Court 1. A document introduced without objection at a hearing before the Minnesota Municipal Board is […]

1 N.W.2d 593 FLOYD A. WHEELER v. EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES.[1] No. 32,937.Supreme Court of Minnesota. January 2, 1942. [1] Reported in 1 N.W.2d 593. Insurance — life — disability benefits — time of giving notice of disability. 1. In a suit brought under the disability provisions of a life insurance policy […]

176 N.W.2d 637 STATE v. CAROL JEAN HIGH. No. 42197.Supreme Court of Minnesota. April 17, 1970. Criminal law — search and seizure — claimed consent to search subsequent to arrest — proof required. 1. Consent to a search which is obtained subsequent to an arrest will be less readily inferred than consent obtained prior to […]

Elizabeth J. BROWN, Respondent, v. ALLSTATE INSURANCE CO., Petitioner, Appellant. Gail L. HARDER, Respondent, v. AUSTIN MUTUAL INSURANCE COMPANY, Petitioner, Appellant. Nos. C8-90-2032, C6-90-2482.Supreme Court of Minnesota. February 7, 1992. Appeal from the District Court, Hennepin County, Patrick W. Fitzgerald, J. Syllabus by the Court A claimant with a claim in excess of $5,000 at […]

162 N.W.2d 708 VERONICA KRAMER v. A. M. KRAMER AND ANOTHER. No. 41125.Supreme Court of Minnesota. November 15, 1968. Trial — when question is for court — motion for judgment notwithstanding verdict — when granted. 1. It is only in the clearest of cases where the facts are undisputed and it is clear that all […]

STATE of Minnesota, Respondent, v. Cashim ALLADIN, Appellant. No. C8-86-1734.Minnesota Court of Appeals. June 23, 1987. Review Denied August 12, 1987. Appeal from the District Court, Nicollet County, Noah S. Rosenbloom, J. Page 643 Syllabus by the Court 1. Minn. Stat. § 609.25 (1984) allows the State the right to charge a parent for kidnapping […]

State of Minnesota, Respondent, v. William Henry Brown, Appellant. No. C5-98-1423.Minnesota Court of Appeals. Filed July 13, 1999. Review Denied September 14, 1999. Appeal from District Court, Hennepin County, Steven Lange, J., File No. 97090361. Page 300 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

Daniel Keith DAVIS, a minor, by Edward Charles DAVIS, his father and natural guardian, and Edward Charles Davis and Linda Morphet Davis, his parents, Respondents, v. OUTBOARD MARINE CORPORATION, et al., The General Accident Assurance Company of Canada, Appellants. Nos. C4-87-1188, C8-87-1422.Minnesota Court of Appeals. November 24, 1987. Review Denied January 28, 1988. Appeal from […]

In re Petition for DISCIPLINARY ACTION AGAINST Chester D. SWENSON, an Attorney at Law of the State of Minnesota. No. C4-95-1950.Supreme Court of Minnesota. November 9, 1995. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition alleging that respondent Chester D. Swenson has committed unprofessional conduct, namely, failure to […]

Wilma Kmett, Respondent, v. Central Specialties, Inc., and Maryland Casualty, Relators. No. C2-99-658.Supreme Court of Minnesota. Dated: July 7, 1999. Mark A. Kleinschmidt, Cousineau, McGuire Anderson, Chartered, Minneapolis, for employer/insurer. Rebecca Anderson, Fuller, Wallner Anderson, Ltd., Bemidji, for employee. Considered and decided by the court en banc. ORDER Based upon all the files, records and […]

130 N.W.2d 53 STATE v. JOSEPH MLYNCZAK. No. 38,799.Supreme Court of Minnesota. July 3, 1964. Evidence — admissibility — prior unsworn statements denied by witness under oath. 1. Where complaining witness in criminal proceedings withdraws unsworn accusations previously made against defendant, and under oath denies the truth thereof, prior unsworn statements would not be admissible […]

State of Minnesota, Respondent, vs. Keith Edward Misquadace, Appellant. No. C4-01-81.Minnesota Court of Appeals. Filed July 10, 2001. Appeal from the District Court, Aitkin County, File No. KO99774, John R. Solien, J. Page 488 SYLLABUS The Minnesota Sentencing Guidelines and Minn. Stat. §§ 244.09, subd. 5(2), 244.10, subd. 2 (2000), require the district court to […]

Richard Lee WELDON, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C8-86-1247.Minnesota Court of Appeals. February 17, 1987. Appeal from the County Court, Le Sueur County, John C. Schmidt, J. Page 817 Syllabus by the Court The officer had probable cause to believe appellant had been driving while under the influence. Paul A.R. Mason, […]

159 N.W.2d 901 CITY OF SHAKOPEE v. KOPP ASSOCIATES, INC., AND OTHERS. No. 40,996.Supreme Court of Minnesota. June 28, 1968. Dismissal — when proper — resolution of doubts and factual inferences. While an order granting a dismissal of a civil proceeding is proper if the pleadings, depositions, and admissions, together with affidavits, show that there […]

In re the Marriage of: Thomas F. CATANIA, petitioner, Respondent, v. Audrey D. CATANIA, Appellant. No. C3-85-1520.Minnesota Court of Appeals. April 8, 1986. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Page 29 Syllabus by the Court 1. It is premature to consider whether the trial court erred in not providing appellant […]

RIVERBLUFF DEVELOPMENT COMPANY, Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, et al., Coon Rapids Properties, Respondents. No. C0-87-796.Minnesota Court of Appeals. September 29, 1987. Appeal from the District Court, Hennepin County, Jonathon Lebedoff, J. Syllabus by the Court The trial court did not err by entering summary judgment for respondents on the ground that appellant’s […]

16 N.W.2d 744 LOUIS BERNSTEIN v. JACOB LEVITZ AND OTHERS.[1] No. 33,830.Supreme Court of Minnesota. December 15, 1944. [1] Reported in 16 N.W.2d 744. Fraud — basis of action for fraud — intention to perform. 1. An action sounding in tort for fraud cannot be predicated on a mere promise or statement of intention of […]

ANNANDALE ADVOCATE, Respondent, v. CITY OF ANNANDALE, Appellant, William Ledwein, Appellant. No. CX-87-1583.Minnesota Court of Appeals. February 2, 1988. Review Granted April 15, 1988. Appeal from the District Court, Wright County, Bruce R. Douglas, J. Page 523 Syllabus by the Court 1. A city council meeting to conduct disciplinary proceedings shall not be closed unless […]

Arden DAHL, Respondent, v. DEL DEE FOODS, INC., Relator, Department of Economic Security, Respondent. No. C1-85-1659.Minnesota Court of Appeals. December 24, 1985. Syllabus by the Court Where relator was offered the opportunity to resign his position or be discharged, and was not offered the opportunity to accept a demotion, the Commissioner properly determined relator was […]

CARLSON-GREFE CONSTRUCTION, INC., Appellant, v. ROSEMOUNT CONDOMINIUM GROUP PARTNERSHIP, et al., Respondents, August W. Ratzlaff, et al., Defendants, Midway National Bank of St. Paul, The City of Rosemount Housing and Redevelopment Authority, Dakota County Housing and Redevelopment Authority, State Mechanical, Inc., Respondents. No. C2-91-612.Minnesota Court of Appeals. August 27, 1991. Review Denied October 31, 1991. […]

251 N.W.2d 341 PHYLLIS J. STARR v. EDWARD P. STARR. No. 46502.Supreme Court of Minnesota. February 18, 1977. Divorce — award of additional child support — interpretation of parties’ stipulation. Appeal by defendant husband from an order of the Ramsey County District Court, E. Thomas Brennan, Judge, denying his objections to an order, James M. […]

174 N.W.2d 104 ONE MINIT CAR WASH, INC. v. J. J. CAR WASH, INC. No. 41810.Supreme Court of Minnesota. January 23, 1970. Vendor and purchaser — agreement to sell commercial property — assumption by purchaser of rental payments — intent of parties. In construing a contract to sell commercial property, by the terms of which […]

Bruno G. STRANGIS, et al., Respondents, v. METROPOLITAN BANK, f.k.a. Metropolitan State Bank, Appellant. No. C1-85-2231.Minnesota Court of Appeals. April 15, 1986. Appeal from the District Court, Hennepin County, Eugene Minenko, J. Syllabus by the Court 1. Temporary injunction restraining sale of collateral is proper where no adequate legal remedy exists. 2. Trial court did […]

Harriet J. BARTOSCH, et al., Appellants, v. Kim D. LEWISON, et al., Respondents. No. C1-87-337.Minnesota Court of Appeals. September 29, 1987. Appeal from the District Court, Steele County, Charles E. Cashman, J. Page 531 Syllabus by the Court 1. The jury’s special verdict was properly interpreted by the trial court. 2. The trial court did […]

Tom S. ANDERSON, Respondent, v. MEDTRONIC, INC., Appellant. No. C5-84-1119.Minnesota Court of Appeals. April 9, 1985. Review Granted June 24, 1985. Appeal from the District Court, Hennepin County, Henry W. McCarr, J. Page 365 Syllabus by the Court 1. The court’s improper instruction to the jury on the issue of bad faith requires a new […]

Salem Mathew Bernhardt, Appellant, v. State of Minnesota, Respondent. Nos. C8-02-742, A03-1458.Supreme Court of Minnesota. Filed: August 5, 2004. Appeal from the Minnesota Court, McLeod County. Page 466 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 467 SYLLABUS 1. Although the admission […]

Ricky L. POPP and Mary K. Popp, Appellants, v. The COUNTY OF WINONA, Respondent. No. C2-88-695.Minnesota Court of Appeals. October 4, 1988. Review Denied November 23, 1988. Appeal from the District Court, Winona County, Lawrence T. Collins, J. Page 20 Syllabus by the Court 1. A party is not required to file an answer to […]

161 N.W.2d 842 DANIEL EMERY AND ANOTHER, d.b.a. THE MAIN DINER, v. HOTEL AND RESTAURANT EMPLOYEES UNION LOCAL NO. 556 AND OTHERS.[*] No. 40,440.Supreme Court of Minnesota. September 13, 1968. [*] Certified to U.S. Supreme Court February 3, 1969. Labor relations — compelling one to join or refrain from joining union — legality. 1. The […]

76 N.W.2d 801 EDWIN J. SCHOCH v. MINNESOTA MINING MANUFACTURING COMPANY AND ANOTHER. No. 36,704.Supreme Court of Minnesota. May 11, 1956. Workmen’s compensation — proceedings — review — findings of Industrial Commission. 1. In appeal from order of Industrial Commission evidence must be viewed in light most favorable to its findings, and such findings on […]

In Re Petition for Disciplinary Action against David A. Singer, an Attorney at Law of the State of Minnesota. No. C9-00-163.Supreme Court of Minnesota. Dated: August 9, 2000 ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent David A. Singer has committed professional misconduct […]

Elli LAKE, et al., Appellants, v. WAL-MART STORES, INC., et al., Respondents. No. C7-97-263.Minnesota Court of Appeals. August 5, 1997. Review Granted September 18, 1997. Appeal from the District Court, Clay County, Michael L. Kirk, J. Page 377 Syllabus by the Court The State of Minnesota does not recognize a common law tort action for […]

Yvonne COOKE, Respondent, v. Michael B. BELZER, Appellant, Robert L. Henretta, Defendant. No. C7-87-973.Minnesota Court of Appeals. October 13, 1987. Appeal from the District Court, Hennepin County, Delilah F. Pierce, J. Page 624 Syllabus by the Court 1. Assignment of property may be either by gift or contract. 2. No donative intent exists where consideration […]

238 N.W.2d 213 STATE v. THOMAS FRANK WILEBSKI. No. 45418.Supreme Court of Minnesota. January 16, 1976. Criminal law — trial — testimony indicating involvement in another crime — effect. Appeal by Thomas Frank Wilebski from a judgment of the Hennepin County District Court, Eugene Minenko, Judge, whereby he was convicted of aggravated robbery. Affirmed. C. […]

203 N.W.2d 400 J. DERCK AMERMAN AND ANOTHER, INDIVIDUALLY AND d.b.a. WEGNER, WEGNER AMERMAN, v. LAKELAND DEVELOPMENT CORPORATION AND OTHERS. No. 43517.Supreme Court of Minnesota. January 5, 1973. Attorney and client — action for fees — finding on value of services — sufficiency of evidence. Action in the Anoka County District Court wherein J. Derck […]

32 N.W.2d 161 IN RE BERNETTA WRETLIND, A FEEBLE-MINDED PERSON. SOPHIE HATTON AND ANOTHER v. STATE.[1] No. 34,579.Supreme Court of Minnesota. March 12, 1948. [1] Reported in 32 N.W.2d 161. Insane person — commitment of feeble-minded person — proceedings — question for consideration on appeal. 1. This appeal being limited to a determination of the […]

In the Matter of the Welfare of: D.L.R.D., a/k/a D.L.R.H., Child. No. C3-02-972.Minnesota Court of Appeals. Filed: February 4, 2003. Appeal from the District Court, Itasca County, File No. J40250072 Page 248 SYLLABUS 1. A parent whose parental rights to a previous child have been involuntarily terminated is presumed to be palpably unfit to parent […]

STATE of Minnesota, Respondent, v. Timothy Lee McGATH, Appellant. No. C9-83-1680.Supreme Court of Minnesota. July 12, 1985. Appeal from the Court of Appeals, 352 N.W.2d 36. Page 883 Syllabus by the Court Nothing in the record of the trial court’s ex parte interview of a juror discloses any basis for believing that there was any […]

AUSTIN MUTUAL INSURANCE COMPANY, Petitioner, Appellant, v. James J. TEMPLIN, Respondent. No. C7-88-420.Supreme Court of Minnesota. September 2, 1988. Page 388 Syllabus by the Court A final judgment in a declaratory judgment action brought to determine an insured’s entitlement to and the extent of underinsured motorist coverage under the No-Fault Act, is appealable prior to […]

In re ADMONITION ISSUED IN PANEL FILE NO. 94-24. No. C2-95-263.Supreme Court of Minnesota. July 7, 1995. Appeal from the Professional Responsibility Board. Rodney E. Pagel, Grand Forks, for petitioner. Marcia A. Johnson, Director, Lawyers Professional Responsibility Bd., Candice Mae Hojan, Sr. Asst. Director, St. Paul, for respondent. Considered and decided by the court en […]

FOLEY EDUCATION ASSOCIATION, et al., Appellants, v. INDEPENDENT SCHOOL DISTRICT NO. 51, etc., Respondent. No. C6-83-485.Supreme Court of Minnesota. August 31, 1984. Appeal from the District Court, Benton County, Donald Gray, J. Page 918 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]

Gary J. MILNER, et al., Respondents, v. FARMERS INSURANCE EXCHANGE, Appellant. No. A06-178.Supreme Court of Minnesota. May 15, 2008. Appeal from the District Court, Hennepin County, Gary R. Larson, J. Page 609 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 610 Syllabus […]

Oak Glen of Edina, Respondent, vs. Tracey Brewington, Appellant. No. C8-01-1296.Minnesota Court of Appeals. Filed: April 23, 2002. Page 482 Appeal from the District Court, Hennepin County, Bruce Hartigan, J., File No. HC10703401. Page 483 SYLLABUS I. A tenant’s late payment under a Section 8 rental agreement constitutes a minor violation of the rental agreement. […]