Category: Minnesota Court Opinions

Lisa L. BRADLEY, Trustee for the Sally G. Moore and Robert A. Moore Revocable Living Trust, Appellant, v. FIRST NATIONAL BANK OF WALKER, NA, Respondent. No. A05-634.Minnesota Court of Appeals. March 28, 2006. Appeal from the District Court, Cass County, David Harrington, J. Page 122 Syllabus by the Court 1. Minn.Stat. § 336.3-037(b) (2004) (section […]

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 […]

Eleanor COLBY, as Special Administratrix of the Estate of Earl William Nesler, Deceased, Appellant, v. William M. GIBBONS, Trustee of the Property of Chicago, Rock Island and Pacific Railroad Company, Debtor, Respondent. No. 47970.Supreme Court of Minnesota. February 9, 1979. Rehearing Denied March 13, 1979. Appeal from the District Court, Freeborn County, Jack F. C. […]

LUPE DEVELOPMENT PARTNERS, Appellant, v. CITY OF MINNEAPOLIS, Respondent. No. C9-90-2668.Minnesota Court of Appeals. August 6, 1991. Syllabus by the Court An application to convert a fraternity house into a rooming house is governed by Minneapolis, Minn., Code of Ordinances § 522.40 (1989), which pertains to rooming houses and the “substantially similar” use provision also […]

STATE of Minnesota, Respondent, v. Clay Carl CLARK, Appellant. No. A04-1101.Minnesota Court of Appeals. June 28, 2005. Appeal from the District Court, Hennepin County, Philip D. Bush, J. Page 174 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 175 SYLLABUS Criminal defendants […]

Ronald L. TRONDSON, et al., individually and as Limited Partners of Grand Chicago Limited Partnership, Appellants, v. Duane JANIKULA, Ronald L. Knuth, 3939 Limited Partnership, Floyd C. Sjostrand, et al., Clara A. Axberg, et al., Joseph C. Lindseth, et al., Donald J. Erickson, et al., Grand Chicago Partnership, Coin-Controlled Washers, Inc., Respondents. No. C1-89-780.Minnesota Court […]

143 N.W.2d 832 STATE v. STANLEY DAVID PETERS. No. 39,810.Supreme Court of Minnesota. June 24, 1966. Criminal law — aggravated assault — intent. 1. A man’s intentions are determined by his outward manifestations of them, and he is presumed to have intended the natural consequences of his acts. No matter what the motive of defendant’s […]

Janet A. Lishinski and Gary H. Lishinski, individually and as Trustees for the heirs and next-of-kin of Jessica A. Lishinski, Respondents, vs. City of Duluth, Appellant. No. CX-01-747.Minnesota Court of Appeals. Filed: October 16, 2001. Appeal from the District Court, St. Louis County, Terry Hallenbeck, J., File No. C700601242. SYLLABUS When a genuine issue of […]

103 N.W.2d 641 JENNIE GEERDES v. J. R. WATKINS COMPANY AND ANOTHER. No. 37,926.Supreme Court of Minnesota. June 10, 1960. Workmen’s compensation — employer-employee relationship — distinction between employee and independent contractor — common-law rule. 1. The distinction between an employee and an independent contractor is largely the difference between one who undertakes to achieve […]

Tia Marie JOHNSON, Appellant, State of Minnesota, Appellant, v. Terry Lee HUNTER, Respondent. Nos. C2-88-1765, C2-88-2012.Minnesota Court of Appeals. February 7, 1989. Review Granted April 24, 1989. Appeal from the District Court of Ramsey County, John S. Connolly, J. Syllabus by the Court 1. An oral order of dismissal placed on the record has the […]

ANCHOR GAS, INC., Respondent, v. BORDER BLACK TOP, INC., Appellant. No. C5-85-1311.Minnesota Court of Appeals. February 11, 1986. Appeal from the County Court, Koochiching County, Peter N. Hemstad, J. Syllabus by the Court 1. The trial court properly required appellant to appear for deposition under Minn.R.Civ.P. 69. 2. The trial court properly awarded respondent attorney […]

10 N.W.2d 481 GEORGE A. GLOVER v. MINNEAPOLIS BUILDING TRADES COUNCIL AND OTHERS.[1] No. 33,414.Supreme Court of Minnesota. July 9, 1943. [1] Reported in 10 N.W.2d 481. Constitution — due process of law — freedom of speech — right to picket. In the exercise of freedom of speech secured by U.S. Const. Amend. XIV, a […]

Darrell Ellsworth VANG, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C2-88-1250.Minnesota Court of Appeals. November 29, 1988. Review Denied December 30, 1988. Appeal from the District Court, Beltrami County, Terrance Holter, J. Page 204 Syllabus by the Court Minn.R. 7503.1300, subpt. 2 (1987) is consistent with the statutory authority pursuant to which it […]

52 N.W.2d 434 FRED ANDERSON v. NORTHERN STATES POWER COMPANY. EUGENE ANDERSON v. SAME.[1] Nos. 35,807, 35,808.Supreme Court of Minnesota. March 14, 1952. [1] Reported in 52 N.W.2d 434. Electricity — care required of company maintaining high-voltage wires. 1. The owner or operator of electric lines carrying heavy voltages of electricity is held to a […]

Andrew RUSTHOVEN, Jr., Appellant (C5-84-1329), Respondent (C0-84-1433) v. COMMERCIAL STANDARD INSURANCE COMPANY, Respondent, Western National Mutual Insurance Company, Respondent (C5-84-1329), Appellant (C0-84-1433). Nos. C5-84-1329, C0-84-1433.Minnesota Court of Appeals. February 26, 1985. Review Granted May 1, 1985. Appeal from the District Court, Kandiyohi County, John C. Lindstrom, J. Page 497 Syllabus by the Court The trial […]

Wesley Hovland, Appellant, v. State Farm Insurance Companies, Respondent. No. C3-98-2098.Minnesota Court of Appeals. Filed May 11, 1999. Appeal from Hennepin County District Court, File No. 987740. Page 272 SYLLABUS A no-fault arbitrator lacks authority to determine whether an insured, who refused to attend a section 65B.56 medical examination because the insurer had not paid […]

250 N.W.2d 146 IN RE ESTATE OF ARCHIBALD G. BUSH. WARREN SPANNAUS, ATTORNEY GENERAL, AND ANOTHER v. HERSCHEL S. ARROWOOD AND OTHERS. Nos. 46067, 46079, 46103.Supreme Court of Minnesota. December 17, 1976. Executors and administrators — award of interest on judgment setting compensation — propriety. Warren Spannaus, attorney general, and The Bush Foundation separately appealed […]

In re the Petition for DISCIPLINARY ACTION AGAINST Claude M. LOEWENTHAL, an Attorney at Law of the State of Minnesota. No. C8-91-386.Supreme Court of Minnesota. April 18, 1991. ORDER The Office of Lawyers Professional Responsibility, through its Director, has filed with this court a petition alleging that respondent, Claude M. Loewenthal, misappropriated client funds, failed […]

STATE of Minnesota, Respondent, v. John Edward PALMER, Jr., Appellant. No. C7-93-433.Minnesota Court of Appeals. November 9, 1993. Review Denied January 14, 1994. Appeal from the District Court, Hennepin County, Franklin J., Knoll, J. Page 866 Syllabus of the Court 1. Statements made outside an adversarial proceeding can qualify as admissions under Minn.R.Evid. 801(d)(2). 2. […]

STATE of Minnesota, Respondent, v. Nosakhere HOLMES, Appellant. No. A07-1445.Supreme Court of Minnesota. February 25, 2010. Appeal from the District Court, Hennepin County, E. Anne McKinsey, J. Page 337 SYLLABUS 1. Under Minn. Stat. § 609.585 (2008), a conviction of first-degree burglary with assault is not a bar to a Conviction of or sentence for […]

Luella LaVALLEY, Respondent, v. NATIONAL FAMILY INSURANCE CORPORATION, Appellant. No. CX-93-2239.Minnesota Court of Appeals. June 14, 1994. Review Denied August 24, 1994. Appeal from the District Court, Washington County, Gary R. Schurrer, J. Page 603 Syllabus by the Court 1. For the purpose of no-fault benefits, notice of event alone is insufficient to carry the […]

14 N.W.2d 347 NATIONAL GUARDIAN LIFE INSURANCE COMPANY v. SCHWARTZ BROS. INC. AND OTHERS. NATHAN LIEBERMAN, INTERVENER.[1] Nos. 33,636, 33,672.Supreme Court of Minnesota. April 28, 1944. [1] Reported in 14 N.W.2d 347. Mortgage — foreclosure — appointment of receiver pending foreclosure for installments of principal. 1. Default in the payment of installments of principal due […]

235 N.W.2d 801 STATE v. DONALD N. PETERSEN. No. 44299.Supreme Court of Minnesota. October 10, 1975. Criminal law — sentences by state and Federal courts — presumption of consecutive service. Where a person convicted of separate crimes under both state and Federal laws is sentenced first by the state court, followed by sentencing by the […]

135 N.W.2d 190 CARPENTER S. BUCK AND OTHERS v. CITY OF WINONA AND OTHERS. A. PERRY PHILIPS AND ANOTHER, INTERVENORS. No. 39,724.Supreme Court of Minnesota. May 7, 1965. Eminent domain — land acquired by city for parks — nature of interest — alienability. 1. The nature of the interest in lands acquired by a municipality […]

197 N.W.2d 670 STATE v. BERT ERNEST DABY. No. 42529.Supreme Court of Minnesota. May 5, 1972. Criminal law — rape conviction — sufficiency of evidence. 1. Evidence held sufficient to sustain defendant’s conviction of aggravated rape of a 12-year-old victim. Same — same — fairness of trial. 2. Trial court’s ruling admitting physical evidence, its […]

STATE of Minnesota, Respondent, v. Jeffrey Joseph PENDLETON, Petitioner. No. C0-88-1439.Minnesota Court of Appeals. August 9, 1988. Page 273 Syllabus by the Court A defendant charged with a possession offense who seeks discretionary review of a pretrial suppression order must establish that expedited appellate review under State v. Lothenbach is an inadequate remedy. Todd W. […]

Kelly John FROST, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C8-86-1443.Minnesota Court of Appeals. March 3, 1987. Appeal from the District Court, Hennepin County, Gary Larson, J. Syllabus by the Court Respondent’s refusal to submit to testing was reasonable and the trial court properly rescinded the revocation. Page 455 James L. Daniels, Mark […]

In Re the Marriage of Wesley LILLEBOE, Petitioner, Appellant, v. JaNet LILLEBOE, Respondent. No. C3-89-1980.Minnesota Court of Appeals. April 3, 1990. Appeal from the District Court, Clearwater County, Frederick R. Weddel, J. Page 722 Syllabus by the Court An evidentiary hearing is required upon a prima facie showing of a change in circumstances which endangers […]

155 N.W.2d 739 STATE v. BOOKER T. WILLIAMS. No. 40,538.Supreme Court of Minnesota. January 19, 1968. Criminal law — appeal from burglary conviction — claims not reviewable. Defendant’s claims that he was denied effective representation by court-appointed counsel and that his plea of guilty to a charge of burglary was involuntary, neither raised nor passed […]

118 N.W.2d 217 MATTHEW R. SMITKE, JR. v. TRAVELERS INDEMNITY COMPANY. No. 38,927.Supreme Court of Minnesota. November 23, 1962. Insurance — auto liability insurance — policy — construction — exclusionary provisions. Provisions of an automobile liability insurance policy, excluding from “MEDICAL EXPENSE COVERAGE” and “Protection Against UNINSURED MOTORISTS COVERAGE” a relative of a named insured […]

161 N.W.2d 617 STATE EX REL. MARVIN KNOTT v. RALPH H. TAHASH. No. 40,630.Supreme Court of Minnesota. September 6, 1968. Criminal law — manslaughter — acceptance of plea of guilty. 1. Relator’s reluctance to plead guilty to murder in the third degree because of his disapproval of the term “depraved mind” contained in the charge […]

14 N.W.2d 450 MELVIN WARREN v. MERCHANTS INVESTMENT LOAN CORPORATION OF ST. PAUL.[1] No. 33,746.Supreme Court of Minnesota. May 19, 1944. [1] Reported in 14 N.W.2d 450. Corporation — stock — repurchase agreement — breach. In action against corporation for breach of agreement to repurchase preferred stock, evidence held to support verdict for purchaser on […]

STATE of Minnesota, Respondent, v. Henry Hyunchoon PAK, Appellant. No. A09-1744.Minnesota Court of Appeals. August 24, 2010. Appeal from the District Court, Ramsey County, Michael T. DeCourcy, J. Page 624 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 625 SYLLABUS 1. A […]

In the Matter of the Trust Created Under the Maurice J. FLORANCE, Jr. Trust Agreement dated January 14, 1954. Patricia FLORANCE and Frank Gaertner, Appellants, v. MERCANTILE NATIONAL BANK AT DALLAS, Trustee, and Florence A. Florance, Respondent. No. CO-83-1292.Supreme Court of Minnesota. May 15, 1984. John A. Forrest, David A. Orenstein, Lindquist Vennum, Ford W. […]

248 N.W.2d 746 FRANCES B. VARLAND, NOW KNOWN AS FRANCES C. BROWNSON, v. MAURICE J. VARLAND. No. 46326.Supreme Court of Minnesota. December 17, 1976. Dissolution of marriage — division of property — propriety. Appeal by defendant husband from a judgment of the Hennepin County District Court, Susanne C. Sedgwick, Judge, declaring the purported marriage between […]

GLACIAL PLAINS COOPERATIVE, f/k/a Swift Co-op Oil Company, Appellant, v. Thomas HUGHES, Jr., Respondent. No. A05-148.Minnesota Court of Appeals. September 27, 2005. Appeal from the District Court, Swift County, David L. Mennis, J. Syllabus by the Court The protections provided by Minn. Stat. § 550.366 (2004) for “farm debtors” who have incurred debt to purchase […]

JIM W. MILLER CONSTRUCTION, INC., Respondent, v. Richard SCHAEFER, d. b. a. Realty Five, Appellant. Nos. 49753, 49941.Supreme Court of Minnesota. October 24, 1980. Appeal from the District Court, Stearns County, Paul Hoffman, J. Page 456 Syllabus by the Court A restrictive covenant in an employment agreement which, within a specified geographical area and for […]

In re Petition for DISCIPLINARY ACTION AGAINST Michael A. PINOTTI, an Attorney at Law of the State of Minnesota. No. C8-97-1955.Supreme Court of Minnesota. October 22, 1998. Page 56 Edward J. Cleary, Henry C. Granison, Office of Lawyers Prof. Resp., St. Paul, for appellant. Michael A. Pinotti, Little Canada, pro se. Heard, considered, and decided […]

STATE of Minnesota, Respondent, v. James REDDING, Appellant. Nos. C7-87-715, C6-87-1001.Supreme Court of Minnesota. April 22, 1988. Appeal from the District Court, Hennepin County, Delila F. Pierce, J. Page 261 Syllabus by the Court Defendant received a fair trial and was properly convicted of first-degree murder. Elizabeth B. Davies, C. Paul Jones, State Public Defender, […]

Marsha Jean JEVNING, et al., Respondents, v. Matthew John CICHOS, Appellant. No. C1-92-1325.Minnesota Court of Appeals. May 4, 1993. Appeal from the District Court, Waseca County, Lawrence T. Gallagher, J. Syllabus by the Court 1. A person below the age of consent for sexual intercourse under the criminal sexual conduct statutes may still be responsible […]

In the Matter of the WELFARE OF J.L.U. No. C1-89-2187.Minnesota Court of Appeals. January 30, 1990. Appeal from the District Court, Mower County, James L. Mork, J. Page 643 Syllabus by the Court Trial court acting pursuant to chapter 518 exceeded its authority in making temporary award of custody to county and directing that child […]

Juana FLORES, Respondent, v. DEPARTMENT OF JOBS AND TRAINING, Petitioner. No. C2-86-742.Supreme Court of Minnesota. August 28, 1987. Appeal from the Department of Jobs and Training. Page 500 Syllabus by the Court 1. An alien who is otherwise eligible under the provisions of Minn.Stat. § 268.08 (1986) to receive unemployment benefits is not unavailable for […]

Dean Dwayne O’NEILL, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C4-84-1354.Minnesota Court of Appeals. February 5, 1985. Appeal from the County Court, Scott County, Michael A. Young, J. Page 472 Syllabus by the Court The arresting officer had specific and articulable facts which justified an investigatory stop, and had sufficient probable cause to […]

4 N.W.2d 632 ATHANASIA KARALIS v. FRED KARALIS AND OTHERS.[1] No. 33,246.Supreme Court of Minnesota. June 26, 1942. [1] Reported in 4 N.W.2d 632. Husband and wife — liability to spouse for personal tort. Partnership — liability for negligence of partner. Automobile — status of owner and driver under safety responsibility act. Neither the common-law […]

In re ESTATE OF Mary Lou R. SCHROEDER, a.k.a. Mary Lou Reader, a.k.a. Mary Lou Reader Schroeder, Deceased. No. CX-88-2436.Minnesota Court of Appeals. June 13, 1989. Review Denied August 15, 1989. Appeal from the District Court, Ramsey County, J. Jerome Plunkett, J. Syllabus by the Court A will settlement agreement should not be approved where […]

STATE of Minnesota, Respondent, v. Charley Raye BEAMON, Appellant. No. C7-89-72.Minnesota Court of Appeals. April 11, 1989. Review Denied May 12, 1989. Appeal from the District Court, Hennepin County, Myron S. Greenberg, J. Page 398 Syllabus by the Court The aggregate duration of consecutive sentences is calculated by adding to the duration of the most […]

113 N.W.2d 175 DISTILLERS DISTRIBUTING COMPANY AND ANOTHER v. FRANCIS E. YOUNG, INDIVIDUALLY AND d.b.a. POLAR BAR CAFE. Nos. 38,390, 38,391.Supreme Court of Minnesota. January 26, 1962. Principal and agent — notice to agent — when binding on principal. 1. Notification given to an agent apparently authorized to receive it binds his principal. Held, that […]

Royal Jorgensen, et al., Respondents, vs. Debra L. Knutson, Debtor, Milbank Insurance Company, petitioner, Appellant. No. C8-01-1685.Supreme Court of Minnesota. Filed: June 19, 2003. Appeal from the Minnesota Court of Appeals. Concurring in part and dissenting in part, Meyer, J. and Page, J. Page 894 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

Joseph A. PACYGA, Jr., Respondent, v. FMC CORPORATION and American International Group/Crawford Company, Relators. No. C5-98-451.Supreme Court of Minnesota. July 30, 1998. Page 860 Eugene J. Flick, Michael A. Royer, Jardine, Logan O’Brien, St. Paul, for Relators. Raymond R. Peterson, Sieben, Grose, Von Holtum, McCoy and Carey, Ltd., Minneapolis, for respondent. Considered and decided by […]

In re Application for the Discipline of Patrick F. SULLIVAN, an Attorney at Law of the State of Minnesota. No. 44902.Supreme Court of Minnesota. September 7, 1978. Petition for Discipline. R. Walter Bachman, Jr., Admin. Director on Prof. Conduct, Lawyers Prof. Resp. Bd. and Daniel G. Heely, Asst. Admin. Director, Lawyers Prof. Resp. Bd., St. […]