Category: Minnesota Court Opinions

David RUZICH et al., petitioners, Respondents, v. TOWNSHIP OF STUNTZ, et al., Appellants. No. 48907.Supreme Court of Minnesota. July 3, 1980. Appeal from District Court, St. Louis County; N. S. Chanak, Judge. Bischoff, Sellman Wojciak and Bernard J. Bischoff, Hibbing, for appellants. Robins, Davis Lyons, Robert M. Wattson, and John N. Love, Minneapolis, for respondents. […]

STATE of Minnesota, Respondent, v. Donald BIRD, Appellant. No. 48943.Supreme Court of Minnesota. April 11, 1980. Appeal from the District Court, Scott County, J. Jerome Kluck, J. Syllabus by the Court 1. Evidence that 47-year-old defendant was in position of authority over his 14-year-old niece and that he used this authority to coerce her to […]

In re the Marriage of William Theodore HAUGBERG, Petitioner, Respondent, v. Brenda Lou HAUGBERG, Appellant. No. C4-86-2086.Minnesota Court of Appeals. May 26, 1987. Appeal from the County Court, Scott County, Robert J. Goggins, J. Syllabus by the Court 1. The trial court did not clearly err in finding that an incident of sexual abuse occurred […]

Gina Marie Gerding, petitioner, Appellant, vs. Commissioner of Public Safety, Respondent. No. C7-00-2185Minnesota Court of Appeals. Filed June 12, 2001. Freeborn County District Court, File No. C4-99-1324 Page 198 SYLLABUS Violation of the statutory prohibition against suspending any object between the driver and the windshield provides a constitutional basis for an investigative stop, without any […]

Richard KRAWCZEWSKI, et al., Respondents, v. The WESTERN CASUALTY AND SURETY COMPANY, a Kansas corporation, Appellant, Western National Mutual Insurance, et al., Defendants, National Indemnity Co., a Nebraska corporation, Appellant. No. C3-93-672.Minnesota Court of Appeals. October 5, 1993. Review Denied November 23, 1993. Appeal from the District Court, Ramsey County, Mary Louise Klas, J. Syllabus […]

Charles J. BENDORF, Petitioner, Appellant v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. A05-1484.Supreme Court of Minnesota. February 15, 2007. Appeal from the District Court, Scott County, Robert F. Carolan, J. Page 411 Syllabus 1. Fedziuk v. Commissioner of Public Safety struck down as unconstitutional the 2003 amendments to Minn.Stat. § 169A.53, and revived “the version […]

24 N.W.2d 831 MATHILDE E. RISE v. WILLIS B. PARK AND OTHERS. COUNTY OF HENNEPIN, ADDITIONAL DEFENDANT.[1] No. 34,222.Supreme Court of Minnesota. November 15, 1946. [1] Reported in 24 N.W.2d 831. Will — devise of personal property for life with power of alienation with remainder over — estate created. Where a testatrix willed the residue […]

The 614 COMPANY, Appellant, v. The MINNEAPOLIS COMMUNITY DEVELOPMENT AGENCY and The City of Minneapolis, Respondents. No. C0-95-2027.Minnesota Court of Appeals. May 7, 1996. Appeal from the District Court, Hennepin County. Page 401 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 402 […]

206 N.W.2d 556 STATE v. JOHN CARSON. No. 43228.Supreme Court of Minnesota. April 20, 1973. Criminal law — guilty plea — refusal to permit withdrawal. Appeal by John Carson from a judgment of the Washington County District Court, Robert B. Gillespie, Judge, whereby he was convicted of burglary. After remand, the trial court, William T. […]

STATE of Minnesota, Respondent, v. Jesse Joe KOEHLER, a/k/a Jose Jesse Koehler, Appellant. No. C1-89-1508.Minnesota Court of Appeals. December 12, 1989. Review Denied February 9, 1990. Appeal from the District Court, Ramsey County, James M. Campbell, J. Page 887 Syllabus by the Court Speedy trial provisions of the Interstate Agreement on Detainers must be invoked […]

REARDON OFFICE EQUIPMENT, Respondent, v. Michael NELSON, et al., Appellants. No. C0-87-183.Minnesota Court of Appeals. July 7, 1987. Appeal from the District Court, Hennepin County, Peter J. Lindberg, J. Page 223 Syllabus by the Court 1. The trial court did not lack subject matter jurisdiction to hear appellants’ motion to vacate the default judgment even […]

STATE of Minnesota, Respondent, v. Karrie Anne SMITH, Appellant. No. C6-96-1832.Minnesota Court of Appeals. May 27, 1997. Appeal from the District Court, Carlton County, Dale A. Wolf, J. Page 772 Syllabus by the Court 1. Admission of evidence that a defendant has committed a similar, prior bad act is prejudicial error when no pretrial notice […]

STATE of Minnesota, Petitioner, Appellant, v. Donald Ray GOFF, Respondent. No. C3-86-2130.Supreme Court of Minnesota. January 22, 1988. Appeal from the Court of Appeals, 402 N.W.2d 625. Page 170 Syllabus by the Court In order to properly raise the issue of whether the sentencing court is barred from using a prior conviction to enhance a […]

STATE of Minnesota, Respondent, v. John Patrick McDONALD, Appellant. No. C6-86-50.Minnesota Court of Appeals. October 21, 1986. Review Denied November 26, 1986. Appeal from the District Court, Crow Wing County, John A. Spellacy, J. Page 573 Syllabus by the Court 1. There was sufficient circumstantial evidence for a jury to reasonably conclude appellant committed first […]

Victoria L. HAMLIN, Appellant, v. WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Respondent. No. CO-90-1134.Minnesota Court of Appeals. October 23, 1990. Appeal from the District Court, Hennepin County, Chester Durda, J. Page 396 Syllabus by the Court 1. Where ‘bodily injury’ is defined in a policy of liability insurance as “bodily injury, sickness or disease,” the policy […]

CITY OF ROCHESTER, Appellant, v. PEOPLE’S COOPERATIVE POWER ASSOCIATION, INC., etc., et al., Respondents, Minnesota Public Utilities Commission, and Minnesota Department of Public Service, Intervenors, Respondents. Nos. C2-90-2141, C5-90-2148 and C5-90-2151.Supreme Court of Minnesota. April 24, 1992. Appeal from the District Court, Olmsted County, Margaret Shaw Johnson, J. Page 478 Syllabus by the Court 1. […]

Lynn M. HEASER, Respondent, v. LERCH, BATES ASSOCIATES INC., Relator, Commissioner of Jobs and Training, Respondent. No. C5-90-2618.Minnesota Court of Appeals. April 16, 1991. Appeal from the Department of Jobs and Training. Page 834 Syllabus by the Court An employee qualifies for unemployment compensation when she quits due to sexual harassment known to the employer. […]

83 N.W.2d 788 STATE EX REL. TOWNSHIP OF COPLEY AND OTHERS v. VILLAGE OF WEBB AND OTHERS. No. 36,516.Supreme Court of Minnesota. June 7, 1957. Municipal corporations — incorporation — validity — burden of proof. 1. Although the burden of proof — without the benefit of any presumptions in favor of the propriety of the […]

AUSTIN P. KELLER CONSTRUCTION COMPANY, INC., et al., Allen Montgomery, Respondents, Eleanor Knutson, Appellant, Breanna Bush by Herbert Masteller, her guardian ad litem; et al., Plaintiffs, North Central Public Service, City of Anoka, Respondents, v. DREW AGENCY, INC., Maryland Casualty Insurance Company, et al., Mission Insurance Company, Cedarleaf, Cederleaf Cederleaf, Inc., Great American Insurance Company, […]

MINNESOTA CABLE COMMUNICATIONS ASSOCIATION, INC., et al., Appellants, v. MINNESOTA CABLE COMMUNICATIONS BOARD, Respondent. No. 49921.Supreme Court of Minnesota. February 15, 1980. Appeal from the District Court, Ramsey County, Harold W. Schultz, J. Syllabus by the Court Minn.Stat. § 238.07 (1978), which as applied imposes on only some cable communications systems the cost of regulatory […]

STATE of Minnesota, Respondent, v. William Edwin MOZELEY, III, Appellant. No. C0-89-1595.Minnesota Court of Appeals. January 9, 1990. Appeal from the District Court, Meeker County, John T. Weyrens, J. Page 150 Syllabus by the Court 1. Public defender reimbursement may be ordered out of cash seized from appellant which was traceable to the offense. 2. […]

In the Matter of the WELFARE OF Richard KIDD. No. 47439.Supreme Court of Minnesota. January 6, 1978. Appeal from the District Court, Hennepin County, Lindsay G. Arthur, J. Syllabus by the Court Mental illness in and of itself is not grounds for termination of parental rights. The conduct of the parent must be evaluated in […]

STATE of Minnesota, Respondent, v. Clayton A. TERRELL, Appellant. No. 49317.Supreme Court of Minnesota. August 24, 1979. Rehearing Denied October 2, 1979. Appeal from the District Court, Blue Earth County, Miles B. Zimmerman, J. Page 530 Bruce C. Douglas, Minneapolis, for appellant. Warren Spannaus, Atty. Gen., Gary Hansen and Jane Prohaska, Sp. Asst. Attys. Gen., […]

In Re the Matter of: Leon James Preston. No. C5-00-1715Minnesota Court of Appeals. Filed June 12, 2001. Appeal from Sibley County District Court, File No. P-19933 Page 105 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 106 SYLLABUS A pedophile who has […]

In re the Marriage of Nancy GERARDY, Petitioner, Appellant, v. Mark GERARDY, Respondent. No. C9-86-284.Minnesota Court of Appeals. August 19, 1986. Review Denied October 17, 1986. Appeal from the District Court, Pennington County, J.A. Harren, J. Syllabus by the Court Where the evidence establishes that one parent is the primary parent, that parent is entitled […]

Linda K. BRAUNWARTH, Relator, v. CONTROL DATA CORPORATION and Axia Services, Inc., Respondents. No. CX-91-2429.Supreme Court of Minnesota. April 10, 1992. Rehearing Denied May 8, 1992. Syllabus by the Court Where employee had already complied with a directive to submit to medical examination, the sanction authorized by Minn.Stat. § 176.155, subd. 3 did not apply. […]

152 N.W.2d 356 PAUL LEON JONES v. SCHIEK’S CAFE AND ANOTHER. No. 40,420.Supreme Court of Minnesota. July 21, 1967. Workmen’s compensation — compensability — injury sustained by claimant during attack upon fellow employee. Where claimant employee sustained injury in the course of his attack upon a fellow employee 2 hours after the latter inadvertently bumped […]

Conrad VILLARREAL, Respondent, v. ALBERT LEA ELECTRO PLATING, INC., et al., Relators, Washington National Insurance Company, Intervenor, Insurer. No. 48758.Supreme Court of Minnesota. August 3, 1979. Appeal from the Workers’ Compensation Court of Appeals. Syllabus by the Court On an appeal by relators from an award of workers’ compensation benefits where the findings of the […]

47 N.W.2d 420 E. C. RUBLE v. A. O. RUBLE.[1] No. 35,380.Supreme Court of Minnesota. April 13, 1951. [1] Reported in 47 N.W.2d 420. Vendor and purchaser — validity of contract — acceptance in terms of offer. 1. An acceptance of an offer to sell real estate must be in terms of the offer in […]

STATE of Minnesota, Respondent, v. Richard J. LAYMAN, Appellant. No. C1-85-334Minnesota Court of Appeals. November 12, 1985. Review Denied January 17, 1986. Appeal from the Municipal Court, Hennepin County, Pamela G. Alexander, J. Page 299 Syllabus by the Court The trial court erred in its jury instructions in stating that the phrase “physical control” should […]

69 N.W.2d 649 RUDY KOLATZ v. LAWRENCE J. KELLY, d.b.a. AUDITORIUM PARKING LOT, AND ANOTHER.[1] No. 36,388.Supreme Court of Minnesota. March 18, 1955. [1] Reported in 69 N.W.2d 649. Trial — motion for directed verdict — view of evidence. 1. Where one party moves for a directed verdict there must be admitted for the purposes […]

Arnold PRAX, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant. No. 81-1098.Supreme Court of Minnesota. August 13, 1982. Appeal from the District Court, Washington County, Esther M. Tomljanovich, J. Page 753 Syllabus by the Court Trial court correctly subtracted substitute earnings from claimant’s weekly wages at the time of his injury in computing income […]

In the Matter of the Welfare of: M.E.M., Jr. No. A03-245.Minnesota Court of Appeals. Filed February 3, 2004. Appeal from the District Court, Hennepin County, File No. J7-02-069283/225971. Page 209 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 210 SYLLABUS 1. Minn. […]

FEDERAL RESERVE BANK OF MINNEAPOLIS, Relator, v. STATE of Minnesota, Respondent, County of Hennepin, Respondent. No. 81-357.Supreme Court of Minnesota. December 17, 1981. Page 620 Syllabus by the Court 1. The Tax Court did not err in finding the Federal Reserve Bank Building a special purpose building for tax valuation purposes. 2. Because the bank […]

John DOE, M.D., Petitioner, Appellant, v. MINNESOTA STATE BOARD OF MEDICAL EXAMINERS, Respondent. No. C9-87-1882.Supreme Court of Minnesota. January 27, 1989. Rehearing Denied April 18, 1989. Appeal from the Board of Medical Examiners. Page 46 Syllabus by the Court 1. A “final decision” of the State Board of Medical Examiners following a contested case disciplinary […]

56 N.W.2d 428 F. C. CLOSUIT v. I. L. MITBY.[1] No. 35,835.Supreme Court of Minnesota. January 9, 1953. [1] Reported in 56 N.W.2d 428. Insurance — fire insurance — change of ownership of property covered — effect. 1. Whether change of ownership of a firm would make a policy of insurance carried on the firm […]

152 N.W.2d 784 STATE v. ROBERT MITCHELL. No. 40,405.Supreme Court of Minnesota. August 25, 1967. Criminal law — plea of guilty — propriety of acceptance. Examination of proceedings on arraignment and plea of defendant charged with violation of Minn. St. 609.52, subds. 2 (3) (a) and 3 (4), discloses that defendant’s asserted claims of error […]

STATE of Minnesota, Respondent, v. Daniel Leonard ANDERSON, Appellant. No. A07-1622.Supreme Court of Minnesota. March 26, 2009. Appeal from the District Court, Wilkin County, Peter A. Hoff, J. Page 10 SYLLABUS 1. The district court did not abuse its discretion in admitting evidence of a prior domestic abuse incident between appellant and the victim’s mother, […]

233 N.W.2d 561 STATE v. RICHARD HARRY DAVIS. No. 44522.Supreme Court of Minnesota. August 29, 1975. Criminal law — admissibility of evidence — pretrial determination — duty of trial court. Appeal by Richard Harry Davis from a judgment of the Hennepin County District Court, Donald T. Barbeau, Judge, whereby he was convicted Page 540 of […]

209 N.W.2d 397 EUGENE LUMPKIN AND ANOTHER v. NORTH CENTRAL AIRLINES, INC. No. 43903.Supreme Court of Minnesota. July 6, 1973. Unemployment compensation — discharge for reasons other than misconduct — review of findings of commissioner of manpower services. 1. Viewing the findings of the commissioner of the Department of Manpower Services in the light most […]

183 N.W.2d 555 QUALITY HOMES, INC., AND ANOTHER v. VILLAGE OF NEW BRIGHTON. No. 42367.Supreme Court of Minnesota. February 5, 1971. Municipal corporations — assessment for trunk sewer — restriction to properties taken into system immediately. 1. A municipality may not, in assessing property for the cost of a trunk sewer designed to serve eventually […]

In re The ESTATE OF Esther M. OPSAHL. No. C9-89-1059.Minnesota Court of Appeals. November 28, 1989. Appeal from the District Court, Meeker County, Arthur J. Boylan, J. Page 97 Syllabus by the Court 1. Sufficient circumstantial evidence supports the trial court’s finding of undue influence. 2. Minn.Stat. § 525.515 (1988) mandates use of estate funds […]

STATE of Minnesota, by Theodore WOYKE, etc., et al., Appellants, v. TONKA CORPORATION, Respondent. No. C6-87-1550.Minnesota Court of Appeals. March 8, 1988. Review Denied May 4, 1988. Appeal from the District Court, Wright County, Carroll Larson, J. Page 625 Syllabus by the Court 1. Appellants are not entitled to compensatory damages for emotional distress based […]

In re the Marriage of Judith A. BLOMGREN, Petitioner, Appellant, v. Donald F. BLOMGREN, Respondent. No. C4-85-1980Minnesota Court of Appeals. May 6, 1986. Appeal from the County Court, Dakota County, Lawrence L. Lenertz, J. Page 379 Syllabus by the Court 1. There has been a substantial change of circumstances that renders the terms of a […]

STATE of Minnesota, Respondent, v. Christopher EDWARDS, Appellant. No. A07-1012.Supreme Court of Minnesota. November 19, 2009. Appeal from the Court of Appeals, 2008 WL 2885719, Schellhas, J. Page 597 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 598 SYLLABUS 1. When a […]

Don R. SALTOU, et al., Appellants, v. DEPENDABLE INSURANCE CO., INC., et al., Richard L. Thissen, d.b.a. Thissen Insurance Agency, Patrick D. Champion, Respondents. No. C6-86-341.Minnesota Court of Appeals. October 21, 1986. Appeal from the District Court, Olmsted County, Gerard Ring, J. Page 630 Syllabus by the Court The trial court did not err by […]

Patrick John MELIN, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C2-85-1816.Minnesota Court of Appeals. March 25, 1986. Appeal from the Municipal Court, Hennepin County, Gary Larson, J. Page 475 Syllabus by the Court 1. The trial court erred in requiring the Commissioner to show that respondent was observed for a continuous period of […]