108 N.W.2d 602 FARELLA ZELLER v. PRIOR LAKE PUBLIC SCHOOLS, INDEPENDENT SCHOOL DISTRICT NO. 719, SCOTT COUNTY. No. 37,957.Supreme Court of Minnesota. March 10, 1961. Schools and school districts — school board — termination of teacher’s contract — prerequisites. 1. Minn. St. 1957, § 130.18, subd. 3, (now Minn. St. 125.12, subd. 3) sets forth […]
Category: Minnesota Court Opinions
UKKONEN v. CITY OF MINNEAPOLIS, 280 Minn. 494 (1968)
160 N.W.2d 249 IN RE HAZARDOUS BUILDINGS AT 2533 IRVING AVENUE NORTH, 1313-19 22nd AVENUE NORTH, AND 1018-20 26th AVENUE NORTH, MINNEAPOLIS. KENNETH UKKONEN AND ANOTHER v. CITY OF MINNEAPOLIS. Nos. 40,885, 40,886, 40,887.Supreme Court of Minnesota. June 28, 1968. Municipal corporations — hazardous buildings — judgments authorizing removal — legality. In proceedings by a […]
STATE v. PANNING, C0-96-1017 (Minn.App. 4-1-1997)
STATE OF MINNESOTA, Respondent, v. LEONARD HENRY PANNING, Appellant. No. C0-96-1017.Minnesota Court of Appeals. Filed April 1, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). Appeal from the District […]
STATE, DEPT. OF PUBLIC SAFETY, v. HELD, 311 Minn. 74 (1976)
246 N.W.2d 863 STATE, DEPARTMENT OF PUBLIC SAFETY, v. JULIUS FERDINAND HELD. No. 46192.Supreme Court of Minnesota. November 5, 1976. Highway traffic regulation — implied-consent law — revocation of driver’s license for refusal to submit to chemical testing — propriety. Appeal by Julius Ferdinand Held from an order of the Hennepin County District Court, A. […]
PARKSIDE MOBILE ESTATES v. LEE, 270 N.W.2d 758 (Minn. 1978)
PARKSIDE MOBILE ESTATES, etc., et al., Respondents, v. Guy T. LEE, et al., Defendants and Third Party Plaintiffs, Appellants v. CENTRAL OIL INSTALLATION COMPANY, Third Party Defendant. Nos. 47287 and 47298.Supreme Court of Minnesota. August 4, 1978. Appeal from the District Court, Fillmore County, Daniel Foley, J. Page 759 Baudler, Baudler Maus, Austin, for appellants. […]
BELLESON v. SKILBECK, 185 Minn. 537 (1932)
242 N.W. 1 WESLEY B. BELLESON v. JOHN R. SKILBECK AND ANOTHER.[1] Nos. 28,767, 28,963.Supreme Court of Minnesota. March 24, 1932. [1] Reported in 242 N.W. 1. Parent and child — unemancipated minor cannot sue parent for negligence. 1. The parent of a minor child, not emancipated, is not liable in damages to the child, […]
MATTER OF WELFARE OF C.L.S., 558 N.W.2d 12 (Minn.App. 1997)
In the Matter of the WELFARE OF C.L.S., Child. No. C5-96-641.Minnesota Court of Appeals. January 14, 1997. Appeal from the District Court, Olmsted County, John S. Gowan, J. Syllabus by the Court 1. The statutory requirement that a hearing to designate a juvenile proceeding for extended jurisdiction be held within 90 days after the filing […]
IN RE MARRIAGE OF TRONDSON, A10-1578 (Minn.App. 5-16-2011)
In re the Marriage of: Timothy Lee Trondson, petitioner, Appellant, v. Mickie LouEtta Trondson, Respondent. No. A10-1578.Minnesota Court of Appeals. Filed May 16, 2011. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
JOHNSON v. JOHNSON, 284 Minn. 181 (1969)
169 N.W.2d 595 ELEANOR H. JOHNSON v. ARNOLD E. JOHNSON. No. 41489.Supreme Court of Minnesota. July 18, 1969. Divorce — property division — failure to make division of jointly owned property — propriety. In an action for divorce where the issue of the division of the property acquired during coverture is presented, the court shall […]
STATE, BY MATTSON, v. GOINS, 286 Minn. 54 (1970)
174 N.W.2d 231 STATE, BY ROBERT W. MATTSON, ATTORNEY GENERAL, v. KENNETH L. GOINS AND OTHERS. LOUIS LAVORATO AND OTHERS, APPELLANTS. No. 41734.Supreme Court of Minnesota. January 23, 1970. Eminent domain — appeal — necessity of filing notice of appeal. 1. The filing of the notice of appeal is jurisdictional in a condemnation proceeding in […]
STATE v. FRENCH, 400 N.W.2d 111 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Ronald FRENCH, Appellant. No. C7-86-915.Minnesota Court of Appeals. January 27, 1987. Review Denied March 25, 1987. Appeal from the District Court, Ramsey County, Stephen L. Maxwell, J. Page 112 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page […]
STATE v. GANGL, C1-03-317 (Minn.App. 2-3-2004)
State of Minnesota, Respondent, v. Dean A. Gangl, Appellant. No. C1-03-317.Minnesota Court of Appeals. Filed February 3, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]
STATE v. SOPKO, A08-1971 (Minn. 10-28-2009)
State v. Steven James Sopko. No. A08-1971.Supreme Court of Minnesota. Filed October 28, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
MOBERG v. COMMERCIAL CREDIT CORP., 230 Minn. 469 (1950)
42 N.W.2d 54 EVERETT J. MOBERG v. COMMERCIAL CREDIT CORPORATION AND OTHERS.[1] No. 35,082.Supreme Court of Minnesota. March 31, 1950. [1] Reported in 42 N.W.2d 54. Principal and agent-powers of agent — extent thereof — sale of property — authority to mortgage. 1. In the absence of an agreement or manifestation of intent to the […]
TERRELL v. LARSON, A07-870 (Minn. 8-19-2008)
James Terrell, as trustee for the heirs and next-of-kin of Talena Terrell, deceased v. Brek Andrew Larson, individually and in his capacity as an Anoka County Sheriffs Deputy. No. A07-870.Supreme Court of Minnesota. Filed August 19, 2008. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
STATE EX REL. OWENS v. TAHASH, 274 Minn. 201 (1966)
143 N.W.2d 49 STATE EX REL. DAVID OWENS v. RALPH H. TAHASH. No. 40,096.Supreme Court of Minnesota. May 20, 1966. Criminal law — postconviction claim — denial of evidentiary hearing. Whether a petitioner is entitled to an evidentiary hearing on a postconviction claim is left to the sound discretion of the trial court. Held, the […]
WIEN v. STATE, A05-380 (Minn. 4-26-2006)
Matthew Jon Wien v. State. No. A05-380.Supreme Court of Minnesota. Filed April 26, 2006. Order on petition for further review Denied.
OMAR v. OMAR, A09-2178 (Minn.App. 8-17-2010)
Chaltu A. Omar, petitioner, Appellant, v. Bariso Mohammed Omar, Respondent. No. A09-2178.Minnesota Court of Appeals. Filed August 17, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the […]
IN MATTER OF THE WELFARE OF S.R.V., C6-02-92 (Minn.App. 8-13-2002)
In the Matter of the Welfare of: S.R.V., Child. No. C6-02-92.Minnesota Court of Appeals. Filed August 13, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
STATE v. O’HARA, C8-99-2043 (Minn.App. 7-11-2000)
State of Minnesota, Respondent, vs. Thomas Martin O’Hara, III, Appellant. No. C8-99-2043.Minnesota Court of Appeals. Filed July 11, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1998). Appeal from the […]
STATE v. DICKSON, A05-2460 (Minn.App. 1-23-2007)
State of Minnesota, Respondent, v. Lewis B. Dickson, Appellant. No. A05-2460.Minnesota Court of Appeals. Filed January 23, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from the District […]
BRIGHT WOOD CORP. v. BANKERS STANDARD, 665 N.W.2d 544 (Minn.App. 2003)
BRIGHT WOOD CORPORATION, Appellant, v. BANKERS STANDARD INSURANCE COMPANY, Respondent, CALIFORNIA INSURANCE COMPANY, Respondent. No. C5-02-2075Minnesota Court of Appeals. Filed: July 22, 2003. Appeal from the Hennepin County District Court, File No. CT-012583. Page 545 SYLLABUS 1. Under these standard commercial general liability policies, coverage is excluded for damage to the insured’s product arising out […]
STATE v. BRYANT, 378 N.W.2d 108 (Minn.App. 1985)
STATE of Minnesota, Respondent, v. Michael R. BRYANT, Appellant. No. C8-85-1318.Minnesota Court of Appeals. December 10, 1985. Review Denied January 23, 1986. Appeal from the District Court, Hennepin County, Peter Lindberg, J. Syllabus by the Court The trial court did not abuse its discretion in denying defendant’s motion to withdraw his guilty plea. Hubert H. […]
JARAMILLO v. STATE, A06-817 (Minn. 8-7-2007)
Armando Garibay Jaramillo v. State. No. A06-817.Supreme Court of Minnesota. Filed: August 7, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied
GUSTAFSON v. COMMISSIONER OF PUBLIC SAFETY, A03-666 (Minn.App. 2-10-2004)
Carolyn JoAnne Gustafson, petitioner, Appellant, v. Commissioner of Public Safety, Respondent, and State of Minnesota, Respondent, v. Carolyn JoAnne Gustafson, Appellant. Nos. A03-666, A03-912.Minnesota Court of Appeals. Filed February 10, 2004. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as […]
HOUSE v. HANSON, 245 Minn. 466 (1955)
72 N.W.2d 874 THOMAS S. HOUSE v. FREDRIKKA HANSON AND ANOTHER.[1] No. 36,641.Supreme Court of Minnesota. November 4, 1955. [1] Reported in 72 N.W.2d 874. Appeal and error — appealable order — order denying motion for summary judgment. 1. In the light of the functional similarity between a demurrer and a motion for summary judgment […]
KUNZA v. ST. MARY’S, 747 N.W.2d 586 (Minn.App. 2008)
Michelle KUNZA, Appellant v. ST. MARY’S REGIONAL HEALTH CENTER, Respondent, Dr. Wade Wernecke, individually, and as an employee of St. Mary’s Regional Health Center, Respondent. No. A07-0360.Minnesota Court of Appeals. April 22, 2008. Appeal from the District Court, Becker County, John E. Pearson, J. Page 587 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT […]
IN MATTER OF THE CIVIL COMMITMENT OF LARSON, A08-1188 (Minn. 6-30-2009)
In the Matter of the Civil Commitment of: Hollis John Larson. Nos. A08-1188 and A08-1486.Supreme Court of Minnesota. Filed June 30, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
IN RE DISCIPLINARY ACTION EISBACH, 577 N.W.2d 479 (Minn. 1997)
In re Petition for DISCIPLINARY ACTION AGAINST Robert J. EISBACH, an Attorney at Law of the State of Minnesota. No. C6-97-1940.Supreme Court of Minnesota. November 17, 1997. ORDER WHEREAS, the Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Robert J. Eisbach has committed professional misconduct […]
BIGHAM v. J. C. PENNEY CO., 268 N.W.2d 892 (Minn. 1978)
Vernon E. BIGHAM, Respondent, v. J. C. PENNEY COMPANY, defendant and third party plaintiff, Appellant, v. NORTHERN STATES POWER COMPANY, third party defendant, Appellant. Nos. 47526, 47527.Supreme Court of Minnesota. May 26, 1978. Rehearing Denied June 29, 1978. Appeal from the District Court, Blue Earth County, Milton Mason, J. Page 893 Page 894 Syllabus by […]
OKRAKENE v. BOARD OF DIRECTORS, A05-1283 (Minn.App. 6-20-2006)
Joseph Okrakene v. Governing Board of Directors of the Minnesota FAIR Plan, Nila Grant Agency, Inc., Dean Burrington Agency, Inc. No. A05-1283.Minnesota Court of Appeals. Filed June 20, 2006. Order on petition for further review Denied.
STATE v. ROBINSON, A04-252 (Minn.App. 2-15-2005)
State of Minnesota, Respondent, v. Sammie Robinson, Appellant. No. A04-252.Minnesota Court of Appeals. Filed February 15, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal from the District Court, […]
WING v. CONTROL DATA CORPORATION, 311 Minn. 535 (1976)
249 N.W.2d 174 CHARLES S. WING, JR. v. CONTROL DATA CORPORATION. No. 46408.Supreme Court of Minnesota. December 10, 1976. Workers’ compensation — denial of compensation award — failure to satisfy notice requirement. Certiorari upon the relation of Charles S. Wing, Jr., to review a decision of the Workers’ Compensation Board denying his claim for benefits […]
IN RE MARRIAGE OF PUETZ, A06-1319 (Minn. 11-13-2007)
In re the Marriage of: Jennifer Ann Puetz v. John Thomas Puetz. No. A06-1319.Supreme Court of Minnesota. Filed: November 13, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 2
LILJA v. COUNTY OF WRIGHT, 307 Minn. 276 (1976)
239 N.W.2d 465 JOHN B. LILJA v. COUNTY OF WRIGHT AND OTHERS. No. 45686.Supreme Court of Minnesota. February 20, 1976. Taxation — residential city property occasionally used for relaxation — classification. Where residential city property is used for an occasional weekend of relaxation and gardening, such property is not “devoted to temporary and seasonal residential […]
ELLINGSON v. BURLINGTON N. SANTA FE RY., A05-650 (Minn.App. 3-21-2006)
Gordon R. Ellingson, as next of kin and trustee of the heirs of Adrienne H. Ellingson, Appellant, v. Burlington Northern and Santa Fe Railway Company, a Delaware corporation, Respondent, Merit Chevrolet Company, Plaintiff. No. A05-650.Minnesota Court of Appeals. Filed March 21, 2006. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This […]
AMERICAN FAMILY MUT. INS. CO. v. PETERSON, 380 N.W.2d 495 (Minn. 1986)
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant, v. Stephen O’Dean PETERSON, and Lana L. Kelsey, Respondents. No. C8-85-1187.Supreme Court of Minnesota. January 31, 1986. Page 496 James M. Lehman, Frederic N. Brown, Rochester, for appellant. Jeffrey Hanson, Rochester, for Stephen Peterson. Steven S. Fuller, Rochester, for Lana Kelsey. Considered and decided by the court en banc […]
MASCHENIK v. PARK NICOLLET MEDICAL CENTER, 385 N.W.2d 362 (Minn.App. 1986)
Gregory P. MASCHENIK, Appellant, v. PARK NICOLLET MEDICAL CENTER, Respondent. No. C4-85-1302.Minnesota Court of Appeals. April 15, 1986. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 363 Syllabus by the Court 1. The evidence is sufficient on the record presented at trial to support the trial court’s denial of the respondent’s […]
MENDOTA HEIGHTS ASSOCIATES v. FRIEL, 414 N.W.2d 480 (Minn.App. 1987)
MENDOTA HEIGHTS ASSOCIATES, et al., Appellants, v. Bernard P. FRIEL, et al., James P. Losleben, et al., Respondents. No. C5-87-1152.Minnesota Court of Appeals. October 27, 1987. Appeal from the District Court, Dakota County, Jack A. Mitchell, J. Page 481 Syllabus by the Court 1. Summary judgment was properly granted. 2. Since there is probable cause […]
G. C. KOHLMIER, INC. v. MOLLENHAUER, 273 Minn. 126 (1966)
140 N.W.2d 47 G. C. KOHLMIER, INC. v. DONALD R. MOLLENHAUER. GENERAL INSURANCE COMPANY, GARNISHEE. G. C. KOHLMIER, INC. v. GENERAL INSURANCE COMPANY. HARTFORD ACCIDENT INDEMNITY COMPANY, ADDITIONAL DEFENDANT. Nos. 39,852, 39,853.Supreme Court of Minnesota. January 28, 1966. Insurance — contract — construction — “plain meaning.” 1. The “plain meaning” of an insurance contract should […]
IN RE MARRIAGE OF MARTIN v. MARTIN, A07-1295 (Minn.App. 6-17-2008)
In re the Marriage of Mary Melissa Martin, petitioner, Respondent, v. Kurt Wayne Martin, Appellant. No. A07-1295.Minnesota Court of Appeals. Filed June 17, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
DENHAM v. STATE, A07-2268 (Minn.App. 11-10-2008)
Solomon Bryan Keith Denham, petitioner, Appellant, v. State of Minnesota, Respondent. No. A07-2268.Minnesota Court of Appeals. Filed November 10, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal from […]
STATE v. JOBE, 361 N.W.2d 168 (Minn.App. 1985)
STATE of Minnesota, Respondent, v. Richard A. JOBE, Appellant. No. CX-84-1195.Minnesota Court of Appeals. January 22, 1985. Appeal from the Municipal Court, Hennepin County, James Rogers, J. Syllabus by the Court Evidence supports the defendant’s conviction for violation of a traffic offense. Hubert H. Humphrey, III, Atty. Gen., St. Paul, Henry Wieland, Bloomington, for respondent. […]
ALEVIZOS v. METROPOLITAN AIRPORTS COMM., 298 Minn. 471 (1974)
216 N.W.2d 651 JAMES H. ALEVIZOS AND OTHERS v. METROPOLITAN AIRPORTS COMMISSION OF MINNEAPOLIS AND ST. PAUL. No. 42871.Supreme Court of Minnesota. March 15, 1974. Airports — action seeking inverse condemnation against airport operator — sufficiency of complaint. 1. Where it is alleged, in a mandamus action seeking inverse condemnation against Metropolitan Airports Commission (MAC) […]
LUNZ v. GORDON, 234 Minn. 212 (1951)
48 N.W.2d 40 GERALD LUNZ v. BARTON L. GORDON.[1] No. 35,463.Supreme Court of Minnesota. May 18, 1951. [1] Reported in 48 N.W.2d 40. Automobile — wilful and wanton negligence of driver — evidence. Jury’s finding of wilful and wanton negligence on part of minor defendant was justified where evidence disclosed that minor was driving a […]
WHEELOCK v. TRILITE STONE, 710 N.W.2d 264 (Minn. 2006)
Louis WHEELOCK, Relator, v. TRILITE STONE, and USF G, Respondents, and Trilite Stone, and MIGA/Fremont Comp. Group, Respondents, and Home Depot, and Am. Intn’l Group/AIG Claims Services, Respondents, and St. Francis Hospital, Blue Cross Blue Shield, and MN Dept. of Human Services, Intervenors. No. A05-1697.Supreme Court of Minnesota. February 23, 2006. Considered and decided by […]
STATE v. DRESCHER, 222 Minn. 120 (1946)
23 N.W.2d 533 STATE v. HENRY DRESCHER.[1] No. 34,160.Supreme Court of Minnesota. June 7, 1946. [1] Reported in 23 N.W.2d 533. Appeal and error — review — second verdict — setting aside. 1. Where a verdict is a second or succeeding verdict, is in accordance with the prior verdict, and there is no error in […]
IN MATTER OF LUECK, A10-18 (Minn. 12-22-2010)
In the Matter of the Civil Commitment of: Robert Lee Lueck. No. A10-18.Supreme Court of Minnesota. Filed December 22, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
JACOBSEN v. ANHEUSER-BUSCH, INC., 392 N.W.2d 868 (Minn. 1986)
Earl D. JACOBSEN, et al., Respondents, v. ANHEUSER-BUSCH, INCORPORATED, Appellant. No. C7-85-2105.Supreme Court of Minnesota. August 29, 1986. Rehearing Denied October 30, 1986. Page 869 Syllabus by the Court Minn.Stat. § 325B.01 applied retroactively to a preexisting agreement between a brewer and a wholesaler, as mandated by Minn.Stat. § 325B.15, unconstitutionally impairs the rights and […]
IN RE MARRIAGE OF LUNDBERG v. LUNDBERG, C0-97-38 (Minn.App. 9-2-1997)
IN RE THE MARRIAGE OF: MARK W. LUNDBERG, petitioner, Respondent, v. KATHLEEN J. LUNDBERG, Appellant. No. C0-97-38.Minnesota Court of Appeals. Filed September 2, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
EDEN PARK APARTMENTS v. WESTON, 529 N.W.2d 732 (Minn.App. 1995)
EDEN PARK APARTMENTS, Respondent, v. Nichole WESTON, Appellant. No. C8-94-2086.Minnesota Court of Appeals. April 18, 1995. Appeal from the District Court, Hennepin County, Gary R. Larson, J. Syllabus by the Court A summons and complaint properly served in an unlawful detainer action pursuant to Minn.Stat. § 566.05 provides the notice required by 42 U.S.C.A. § […]
NARVA v. NARVA, 167 Minn. 80 (1926)
208 N.W. 643 HILMA NARVA v. AUGUST NARVA.[1] No. 24,954.Supreme Court of Minnesota. April 16, 1926. [1] Reported in 208 N.W. 643. Wife obtained title to property through her husband. 1. The finding that plaintiff procured title through her husband to real and personal property of the value of more than $5,000 is sustained by […]
IN RE ESTATE OF HENCKE, 220 Minn. 414 (1945)
19 N.W.2d 718 IN RE ESTATE OF FRED W. HENCKE. MARION HENCKE, APPELLANT. FIRST AND AMERICAN NATIONAL BANK OF DULUTH AND OTHERS, RESPONDENTS.[1] No. 33,983.Supreme Court of Minnesota. July 20, 1945. [1] Reported in 19 N.W.2d 718. Appeal and error — requisites for perfecting appeal — return by clerk of district court and payment of […]
MATTER OF THE NORTHERN STATES POWER CO., 563 N.W.2d 302 (Minn.App. 1997)
In the MATTER OF THE NORTHERN STATES POWER COMPANY APPLICATION FOR CERTIFICATE OF SITE COMPATIBILITY FOR THE GOODHUE COUNTY INDEPENDENT SPENT NUCLEAR FUEL STORAGE FACILITY. Nos. C1-96-2189, C8-96-2190.Minnesota Court of Appeals. May 13, 1997. Appeal from the District Court, Hennepin County, Stephen Z. Lange, J. Page 303 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]
Q’CLAIRE v. ACCRA CARE, INC., A06-1455 (Minn.App. 1-8-2008)
Michael A. Q’Claire, Relator, v. Accra Care, Inc., Respondent, Department of Employment and Economic Development, Respondent. No. A06-1455.Minnesota Court of Appeals. Filed: January 8, 2008. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, […]
IN RE MARRIAGE OF OULICKY v. OULICKY, C5-97-1959 (Minn.App. 3-31-1998)
IN RE THE MARRIAGE OF: JANET DOROTHY OULICKY, petitioner, Respondent, v. ROBERT JAMES OULICKY, Appellant. No. C5-97-1959.Minnesota Court of Appeals. Filed March 31, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
KRANZ v. KRANZ, 188 Minn. 374 (1933)
247 N.W. 243 MARY KRANZ v. WILLIAM F. KRANZ AND OTHERS.[1] No. 29,302.Supreme Court of Minnesota. March 3, 1933. [1] Reported in 247 N.W. 243. Limitation of action — part payment by comaker of note. The answering defendant with two others signed a note payable to plaintiff due in three years from the date thereof. […]
SKYLINE VILL. PARK v. SKYLINE VIL., 786 N.W.2d 304 (Minn.App. 2010)
SKYLINE VILLAGE PARK ASSOCIATION, Appellant, v. SKYLINE VILLAGE L.P., et al., Respondents. No. A10-167.Minnesota Court of Appeals. July 20, 2010. Appeal from the District Court, Dakota County, Robert Carolan, J. Page 305 SYLLABUS 1. Minn. Stat. § 327C.02, subd. 2 (2008), does not impose a reasonableness requirement on manufactured-home-park-lot rent increases. 2. Minn. Stat. § […]
DOAN v. STATE, 290 Minn. 105 (1971)
186 N.W.2d 518 ROBERT M. DOAN v. STATE. No. 41984.Supreme Court of Minnesota. April 16, 1971. Criminal law — postconviction proceeding — improper determination of voluntariness of confession. 1. In postconviction proceedings where it appeared that in 1945 prosecution of defendant charged with murder the jury was instructed that “[t]he weight to be given to […]
MINNESOTA D.H.S. v. REECE, CX-97-1357 (Minn.App. 12-16-1997)
MINNESOTA DEPARTMENT OF HUMAN SERVICES, Appellant, BELOW, CARVER COUNTY COMMUNITY SOCIAL SERVICES, Appellant, v. REBECCA REECE, Respondent. No. CX-97-1357.Minnesota Court of Appeals. Filed December 16, 1997. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § […]
MATTER OF GILLARD, 260 N.W.2d 562 (Minn. 1977)
In the Matter of the Application for the Disbarment of the Honorable Jack F. C. GILLARD, an Attorney at Law of the State of Minnesota. No. 47309.Supreme Court of Minnesota. September 16, 1977. Page 563 R. Walter Bachman, Jr., Administrative Director on Professional Responsibility, St. Paul, for petitioner. Sachs, Latz Kirshbaum and Robert Latz, Minneapolis, […]
STATE v. HALLIBURTON, A06-471 (Minn.App. 6-12-2007)
State of Minnesota, Respondent, v. Damon Dechone Halliburton, Appellant. No. A06-471.Minnesota Court of Appeals. Filed: June 12, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2006). Appeal form the District […]
DILLAVOU v. PETERS, 349 N.W.2d 610 (Minn.App. 1984)
Elner DILLAVOU, et al., Appellant, v. Henry C. PETERS, Respondent. No. C6-83-1782.Minnesota Court of Appeals. June 19, 1984. Appeal from the District Court, Mower County, James L. Mork, J. Page 611 Syllabus by the Court The trial court did not abuse its discretion in denying a motion to compel literal compliance with a prior order […]
STATE v. KINGBIRD, 412 N.W.2d 350 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Calvin Lawrence KINGBIRD, Appellant. No. C8-87-206.Minnesota Court of Appeals. September 22, 1987. Review Denied November 6, 1987. Appeal from the District Court, Beltrami County, James E. Preece, J. Page 351 Syllabus by the Court 1. The evidence is sufficient to support defendant’s conviction where testimony clearly placed defendant in the […]
IN MATTER OF LEE, CX-99-651 (Minn.App. 6-8-1999)
In Re the Matter of: Jessie Lee. In Re the Matter of: Clark A. Kruger. No. CX-99-651; C1-99-652.Minnesota Court of Appeals. Filed June 8, 1999. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. sec. 480A.08, […]
JOHNSON v. FABIAN, 711 N.W.2d 540 (Minn.App. 2006)
Frank Edward JOHNSON, petitioner, Appellant, v. Joan FABIAN, Commissioner of Corrections, et al., Respondents. No. A05-2498.Minnesota Court of Appeals. April 4, 2006. Appeal from the District Court, Chisago County, Douglas G. Swenson, J. Page 541 Syllabus by the Court 1. Extending an inmate’s term by delaying his or her supervised release date as a disciplinary […]
STATE v. GUY, A07-2445 (Minn. 8-11-2009)
State v. Kemar Aloyuius Guy. No. A07-2445.Supreme Court of Minnesota. Filed August 11, 2009. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 2
STATE v. FARRELL, 294 N.W.2d 724 (Minn. 1980)
STATE of Minnesota, Respondent, v. Dennis Charles FARRELL, Appellant. No. 50389.Supreme Court of Minnesota. June 27, 1980. Appeal from the District Court, Ramsey County, Edward D. Mulally, J. Syllabus by the Court Evidence of defendant’s guilt was sufficient. C. Paul Jones, Public Defender, and Susan Maki, Asst. Public Defender, Minneapolis, for appellant. Warren Spannaus, Atty. […]
WERDIN v. FIELDEN, 406 N.W.2d 89 (Minn.App. 1987)
Mary E. WERDIN, Appellant, v. R.H.N. FIELDEN, M.D., Respondent. No. C7-86-2003.Minnesota Court of Appeals. May 26, 1987. Appeal from the Ramsey County District Court, Bertrand Poritsky, J. Page 90 Syllabus by the Court 1. The district court did not err by denying appellant additional time within which to obtain an expert medical witness when appellant […]
NATHAN v. ST. PAUL MUTUAL INS. CO., 251 Minn. 74 (1957)
86 N.W.2d 503 EVELYN NATHAN v. ST. PAUL MUTUAL INSURANCE COMPANY. No. 37,003.Supreme Court of Minnesota. November 22, 1957. Insurance — fire — insurable interest — statements of person in possession. 1. In an action brought to recover on an insurance policy after destruction of the insured property by fire, where one of the issues […]
IN RE BERENDS v. BERENDS, C7-99-1059 (Minn.App. 2-15-2000)
In Re the Marriage of: Brenda Kay Berends, petitioner, Respondent, v. Douglas Leroy Berends, Appellant. No. C7-99-1059.Minnesota Court of Appeals. Filed February 15, 2000. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. […]
STATE v. MEYER, C3-01-1254 (Minn.App. 4-2-2002)
State of Minnesota, Respondent, v. Gregory Joel Meyer, Appellant. No. C3-01-1254.Minnesota Court of Appeals. Filed April 2, 2002. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
STATE v. MICHUDA, A08-1037 (Minn.App. 7-28-2009)
State of Minnesota, Respondent, v. Stephen Michael Michuda, Appellant. No. A08-1037.Minnesota Court of Appeals. Filed July 28, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from the District […]
RECKER v. STATE, DEPT. OF PUBLIC SAFETY, 375 N.W.2d 554 (Minn.App. 1985)
Richard Bernard RECKER, Jr., Petitioner, Appellant, v. STATE of Minnesota, DEPARTMENT OF PUBLIC SAFETY, Respondent. No. C3-85-1274.Minnesota Court of Appeals. October 22, 1985. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Syllabus by the Court 1. The Commissioner properly considered a Wisconsin conviction in deciding to revoke appellant’s driving privileges under Minn.Stat. […]
DIGIDIO v. COMMR. OF PUBLIC SAFETY, CX-98-1062 (Minn.App. 11-10-1998)
Antonio Carlos Digidio, petitioner, Appellant, v. Commissioner of Public Safety, Respondent. No. CX-98-1062.Minnesota Court of Appeals. Filed November 10, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat § 480A.08, subd. 3 (1996) Appeal from […]
STATE v. MARTIN, A06-2460 (Minn.App. 2-6-2007)
STATE OF MINNESOTA, Respondent, v. MICHAEL JAMES MARTIN, Appellant. No. A06-2460.Minnesota Court of Appeals. February 6, 2007. Appeal from the District Court, Carver County, Hon. Philip T. Kanning. Affirmed. Chief Judge EDWARD TOUSSAINT, Jr. RECENT ORDER OPINIONS
NELSON’S OFFICE SUPPLY v. COM’R OF REVENUE, 508 N.W.2d 776 (Minn. 1993)
NELSON’S OFFICE SUPPLY STORES, INC., Respondent, v. COMMISSIONER OF REVENUE, Relator. No. C5-93-639.Supreme Court of Minnesota. December 10, 1993. Syllabus by the Court The word “rentals” as used in Minn.Stat. § 290.191, subd. 10(e) (1990) (the Minnesota Apportionment Statute) for purposes of Minn.Stat. § 290.092 (1990) (the Minnesota Alternative Minimum Tax Statute), means all payments […]
ENG. CONST. v. WESTERN NATL. MUT. INS., A10-150 (Minn. 10-27-2010)
Engineering Construction Innovations, Inc. v. Western National Mutual Insurance Co. No. A10-150.Supreme Court of Minnesota. Filed October 27, 2010. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied Page 1
DISCIPLINARY ACTION AGAINST HAUGAN, 486 N.W.2d 761 (Minn. 1992)
In re the Petition for DISCIPLINARY ACTION AGAINST Todd R. HAUGAN, an Attorney at Law of the State of Minnesota. No. C9-92-150.Supreme Court of Minnesota. July 16, 1992. ORDER The Director of the Office of Lawyers Professional Responsibility filed a petition with this Court alleging that the respondent Todd R. Haugan had committed professional misconduct […]
CAPITAL TRUST SAVINGS BANK v. KNAUFT, 172 Minn. 83 (1927)
214 N.W. 771 CAPITAL TRUST SAVINGS BANK, BY A.J. VEIGEL, v. M. ROY KNAUFT AND ANOTHER.[1] No. 26,098.Supreme Court of Minnesota. July 1, 1927. [1] Reported in 214 N.W. 771. Finding sustained that property was held in trust for defendant. 1. The evidence sustains the finding that the property attached was held in trust for […]
ANDERSON v. WESTBERG, A03-583 (Minn.App. 11-25-2003)
Ron Anderson, individually and d/b/a Anderson Construction, Respondent, v. John Westberg, et. al., Appellants. No. A03-583.Minnesota Court of Appeals. Filed November 25, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 […]
NELSON v. ILLINOIS FARMERS INS. CO., 567 N.W.2d 538 (Minn.App. 1997)
H. Marilyn NELSON, et al., Respondents, v. ILLINOIS FARMERS INSURANCE COMPANY, Appellant. No. C6-97-190.Minnesota Court of Appeals. August 19, 1997. Review Denied October 21, 1997. Appeal from the Goodhue District Court, Robert R. King, Jr., J. Page 539 Syllabus by the Court 1. When a fire insurance policy does not require notice of mortgagee assignment, […]
STATE v. HERZOG, C3-01-802 (Minn.App. 9-9-2003)
State of Minnesota, Respondent, v. Amy Marie Herzog, Appellant. No. C3-01-802.Minnesota Court of Appeals. Filed September 9, 2003. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2002). Appeal from the District […]
STATE, BY MONDALE v. BOHNEN, 273 Minn. 266 (1966)
140 N.W.2d 838 STATE, BY WALTER F. MONDALE, ATTORNEY GENERAL, v. ALBERT G. BOHNEN AND OTHERS. BECHIK PRODUCTS, INC., APPELLANT. Nos. 39,469, 40,087.Supreme Court of Minnesota. March 4, 1966. Eminent domain — condemnation proceedings — use of property by condemnee after taking — offset against award — procedure. 1. The proper procedure in condemnation cases […]
U.S. WEST MATERIAL v. COM’R OF REVENUE, 511 N.W.2d 17 (Minn. 1994)
U.S. WEST MATERIAL RESOURCES, INC., Respondent, v. COMMISSIONER OF REVENUE, Relator. No. C9-93-739.Supreme Court of Minnesota. January 21, 1994. Page 18 Syllabus by the Court The cutting of cable to size for use in telecommunications projects for money consideration constitutes a “sale” within the meaning of Minn.Stat. § 297A.01, subd. 3(b) (1992). Hubert H. Humphrey, […]
MERRILL v. GUTTORMSSON, A06-690 (Minn.App. 8-7-2007)
Jacob Merrill, by and through his next of friend and natural legal guardian, Heather Kelly, Appellant, v. Stefan P. Guttormsson, MD, Respondent, Northland OB/GYN PA, Defendant, St. Luke’s Hospital of Duluth, Respondent. No. A06-690.Minnesota Court of Appeals. Filed: August 7, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion […]
STATE v. GRAHAM, 410 N.W.2d 395 (Minn.App. 1987)
STATE of Minnesota, Respondent, v. Valdez Sid GRAHAM, Appellant. No. C5-87-289.Minnesota Court of Appeals. August 18, 1987. Review Denied September 30, 1987. Appeal from the District Court, Hennepin County, A. Paul Lommen, J. Page 396 Syllabus by the Court Upward sentencing departure was justified despite defendant’s claim that he was a “passive” participant in the […]
STATE v. MICHAELSON, 298 Minn. 524 (1973)
214 N.W.2d 356 STATE v. MICHAEL DENNIS MICHAELSON. No. 43910.Supreme Court of Minnesota. December 14, 1973. Criminal law — trial — evidence of participation in other crimes — items seized but not described in search warrant — disclosure of unprosecuted accusation. Appeal by Michael Dennis Michaelson from a judgment of the Hennepin County District Court, […]
STATE v. BANKS, 379 N.W.2d 168 (Minn.App. 1985)
STATE of Minnesota, Respondent, v. Wesley N. BANKS, Appellant. No. C1-85-396.Minnesota Court of Appeals. December 17, 1985. Review Denied February 14, 1986. Appeal from the District Court, Dakota County, Richard J. Menke, J. Page 169 Syllabus by the Court 1. The trial court did not err in allowing one of the victims to identify appellant […]
IN MATTER OF WELFARE OF CHILDREN OF L.D., A04-1187 (Minn.App. 2-1-2005)
In the Matter of the Welfare of the Children of L.D., Parent. No. A04-1187.Minnesota Court of Appeals. Filed February 1, 2005. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2004). Appeal […]
FLETCHER v. ST. PAUL PIONEER PRESS, C3-97-1765 (Minn.App. 5-5-1998)
Rundell Fletcher, Appellant, v. St. Paul Pioneer Press, d/b/a Northwest Publications, Inc., Respondent. No. C3-97-1765.Minnesota Court of Appeals. Filed May 5, 1998. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (1996). […]
STATE v. REYNOLDS, 243 Minn. 196 (1954)
66 N.W.2d 886 STATE v. HAROLD J. REYNOLDS.[1] No. 36,372.Supreme Court of Minnesota. November 19, 1954. [1] Reported in 66 N.W.2d 886. Criminal law — disorderly conduct statute — not unconstitutional for vagueness. 1. The disorderly conduct statute of this state, L. 1953, c. 661 (M.S.A. 615.17), which provides that “Every person who engages in […]
STATE v. ANDERSON, 173 Minn. 293 (1927)
217 N.W. 351 STATE v. H.M. ANDERSON.[1] No. 26,380.Supreme Court of Minnesota. December 31, 1927. [1] Reported in 217 N.W. 351. When plea of guilty is withdrawn with leave of court it is not admissible in evidence at trial of substituted plea. A plea of guilty which is withdrawn by leave of the court is […]
BATTLE-BEY v. STATE, A06-1258 (Minn. 11-13-2007)
Darwin Ray Battle-Bey v. State. No. A06-1258.Supreme Court of Minnesota. Filed: November 13, 2007. ORDERS ON PETITIONS FOR FURTHER REVIEW Denied. Page 1
RICKARD v. CARL BOLANDER SONS INC., A08-2205 (Minn.App. 8-4-2009)
John Rickard, Relator, v. Carl Bolander Sons Inc., Respondent; Department of Employment and Economic Development, Respondent. No. A08-2205.Minnesota Court of Appeals. August 4, 2009. Appeal from Department of Employment and Economic Development. RECENT ORDER OPINIONS LARRY B. STAUBER, Jr., Judge. Affirmed. Page 1
SWENSON v. SWENSON, 490 N.W.2d 668 (Minn.App. 1992)
In re the Matter of Maria Shirley SWENSON, Petitioner, Appellant, v. Kenneth Wayne SWENSON, Respondent. No. C4-92-816.Minnesota Court of Appeals. October 20, 1992. Appeal from the District Court, Beltrami County, Terrance C. Holter, J. Page 669 Syllabus by the Court I. The Domestic Abuse Act, Minn.Stat § 518B.01 (1990), does not authorize exclusion of the […]
STATE v. ANDERSEN, C8-01-665 (Minn.App. 12-18-2001)
State of Minnesota, Respondent, vs. Michelle Lynne Andersen, Appellant. No. C8-01-665.Minnesota Court of Appeals. Filed December 18, 2001. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000). Appeal from the District […]
NODAK MUT. INS. v. AMERICAN FAMILY MUT., 590 N.W.2d 670 (Minn.App. 1999)
Nodak Mutual Insurance Company, Respondent, v. American Family Mutual Insurance Company, Appellant. No. C3-98-1792.Minnesota Court of Appeals. Decided April 6, 1999. Appeal from the Clay County District Court, Michael L. Kirk, J. Page 671 Syllabus by the Court North Dakota law, not Minnesota law, governs a subrogation claim between two automobile insurers when the subrogation […]
STATE v. LOPEZ, 379 N.W.2d 633 (Minn.App. 1986)
STATE of Minnesota, Respondent, v. Israel Roque LOPEZ, Appellant. No. C4-85-1039.Minnesota Court of Appeals. January 7, 1986. Review Denied February 14, 1986. Appeal from the District Court, Hennepin County, Richard J. Kantorowicz, J. Syllabus by the Court 1. A motion to withdraw a guilty plea more than 11 months after sentencing is untimely under Minn.R.Crim.P. […]
GUNNINK v. STATE, A09-396 (Minn.App. 1-5-2010)
Douglas John Gunnink, Appellant, v. State of Minnesota, et al, Respondents. No. A09-396.Minnesota Court of Appeals. Filed January 5, 2010. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2008). Appeal from […]