Category: Minnesota Court Opinions

In the Matter of the Application of BURLINGTON NORTHERN RAILROAD CO. (“Applicant”), 176 East Fifth St., St. Paul, MN, for Authority to Transfer Agency Service for the Brainerd, MN, Agency to its Centralized Service Agency at Superior, Wisconsin. No. C4-94-822.Minnesota Court of Appeals. October 11, 1994. Page 372 Syllabus by the Court 1. When determining […]

In the Matter of the Application for the DISCIPLINE OF Thomas M. POLT, an Attorney at Law of the State of Minnesota. No. C5-85-370.Supreme Court of Minnesota. November 15, 1985. ORDER The Director of Lawyers Professional Responsibility filed a petition and amended petition with this court charging the respondent Thomas M. Polt with a number […]

246 N.W.2d 34 RICHARD E. STAUDACHER v. SHARON W. STAUDACHER, NOW KNOWN AS SHARON W. WROBEL. No. 45545.Supreme Court of Minnesota. August 27, 1976. Dissolution of marriage — custody of children — order awarding custody to mother — propriety. Appeal by plaintiff husband from an order of the Ramsey County District Court, Otis H. Godfrey, […]

In the Matter of the Application for the DISCIPLINE OF Thomas E. MOORE, an Attorney at Law of the State of Minnesota. No. CO-74-45110.Supreme Court of Minnesota. November 7, 1985. ORDER The Lawyers Professional Responsibility Board, acting through its Director, has filed a petition alleging that respondent Thomas E. Moore had violated several rules of […]

Julie ENGLE, Trustee for the next of kin of Lawrence B. Engle, Respondent, v. HENNEPIN COUNTY, d.b.a. Hennepin County Medical Center, et al., Appellants. No. C4-87-557.Minnesota Court of Appeals. September 22, 1987. Review Denied November 18, 1987. Page 365 Syllabus by the Court 1. Where the only issue in a motion for summary judgment is […]

In re the Petition for DISCIPLINARY ACTION AGAINST Douglas J. CARNEY, an Attorney at Law of the State of Minnesota. No. C7-93-898.Supreme Court of Minnesota. September 14, 1993. ORDER The Director of the Office of Lawyers Professional Responsibility filed a petition with this Court alleging that the respondent Douglas J. Carney had committed professional misconduct […]

161 N.W.2d 673 STATE v. ROBERT C. STEWIG. No. 39,929.Supreme Court of Minnesota. September 13, 1968. Criminal law — search and seizure — validity. 1. Where police officers, responding to a midnight report that boys were “siphoning and stealing” gasoline from a residential garage, pursued boys who fled from the scene upon their approach and […]

Birch Publications, Inc., et al., Respondents, v. RMZ of St. Cloud, Inc., f/k/a Quest Publications, Inc., et al., Appellants. No. A03-1913.Minnesota Court of Appeals. Filed: July 27, 2004. Appeal from the District Court, Stearns County, File No. C4-02-5375. Page 870 SYLLABUS I. A trademark is abandoned when its use has been discontinued with intent not […]

In re the Marriage of Jeanne B. COLLINS, Petitioner, Respondent, v. John B. COLLINS, Appellant. No. C3-87-193.Minnesota Court of Appeals. August 18, 1987. Appeal from the District Court, Olmsted County, Gerald Ring, J. Syllabus by the Court 1. The trial court properly awarded child support arrearages in spite of appellant’s claim that respondent agreed to […]

STATE of Minnesota, Respondent, v. Glen Edward KIMMONS, Appellant. No. C3-93-350.Minnesota Court of Appeals. June 22, 1993. Review Denied August 16, 1993. Appeal from the District Court, Hennepin County, Robert G. Schiefelbein, J. Page 392 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Auto-Owners Insurance Company, Appellant, v. NewMech Companies, Inc., et al, Defendants, and Brighton Development Corporation, Respondent. No. A03-1062.Minnesota Court of Appeals. Filed: April 27, 2004. Page 478 Appeal from the District Court, Hennepin County, File No. Ct 03-001266. Page 479 SYLLABUS 1. A breach of a cooperation clause, which is material and prejudices the insurer, […]

William Edward WALEK, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C8-84-1339.Minnesota Court of Appeals. February 5, 1985. Appeal from the Municipal Court, Ramsey County, William J. Fleming, J. Page 483 Syllabus by the Court The trial court’s finding that the officer had reasonable and probable cause to believe appellant was in physical control […]

170 N.W.2d 116 INDEPENDENT SCHOOL DISTRICT NO. 700, ST. LOUIS COUNTY, v. CITY OF DULUTH AND OTHERS. No. 41429.Supreme Court of Minnesota. August 8, 1969. Municipal corporations — annexation of territory — preemption of subject by legislature. 1. Because annexation procedures by their very nature involve land outside of the territorial limits of the annexing […]

Sandra Anderson KING, Petitioner, Appellant, v. Andrew BRADEN, Respondent. No. C7-87-1623.Minnesota Court of Appeals. February 2, 1988. Appeal from the District Court, Hennepin County, Mary D. Winter, J. Syllabus by the Court County is not entitled to reimbursement from father of minor child who receives AFDC payments for her own two children. Attorney fees are […]

Almira LAHR, Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Appellant. No. C5-96-8.Minnesota Court of Appeals. July 30, 1996. Appeal from the District Court, Carver County, Duane R. Harves, J. Syllabus by the Court In a two-vehicle accident a passenger may pursue an underinsured motorist clim against her driver if the other vehicle […]

Guy James HATHAWAY, Petitioner, Appellant, v. STATE of Minnesota, Respondent. No. CO-88-274.Supreme Court of Minnesota. January 20, 1989. Appeal from the District Court, Ramsey County, Bertrand Poritsky, J. Syllabus by the Court District court properly denied petition for postconviction relief based on claim of ineffective assistance of counsel and newly discovered evidence. Paul Engh, Minneapolis, […]

Henry J. MILLER, Jr. and Barbara Miller, individually and as husband and wife, Respondents, v. ASTLEFORD EQUIPMENT CO., INC., Respondent, Prudential Property and Casualty Insurance Company, a corporation, proposed intervenor, Appellant. No. C2-82-1171.Supreme Court of Minnesota. April 22, 1983. Appeal from the District Court, Hennepin County, Irving C. Iverson, J. Page 654 Syllabus by the […]

Melvin S. BOROOS, Respondent, v. ROSEAU AGENCY, INC., Defendant, State Farm Mutual Automobile Insurance Company, Respondent. Home Insurance Company, Appellant. and Allen C. BOROOS and Joyce Boroos, Respondents, v. ROSEAU AGENCY, INC., Defendant, Milbank Mutual Insurance Company, d.b.a. Milbank Mutual, Respondent, Home Insurance Company, Appellant. No. C8-83-1735.Minnesota Court of Appeals. March 14, 1984. Appeal from […]

Aldrick L. Woodruff, petitioner, Appellant, vs. State of Minnesota, Respondent. No. C3-99-1074.Supreme Court of Minnesota. Filed: April 13, 2000. Appeal from Hennepin County. Page 882 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 883 SYLLABUS 1. The postconviction court did not abuse […]

In re the Marriage of Marguerite I. NARDINI, petitioner, Appellant, v. Ralph E. NARDINI, Respondent. No. C1-85-1421.Supreme Court of Minnesota. October 23, 1987. Appeal from the District Court, Ramsey County, Allan R. Markert, J. Page 185 Syllabus by the Court 1. The trial court abused its discretion in its valuation of the closely held corporation, […]

44 N.W.2d 459 JAMES M. YOUNGDALE v. CARL J. EASTVOLD.[1] Nos. 35,434, 35,435.Supreme Court of Minnesota. October 21, 1950. [1] Reported in 44 N.W.2d 459. United States — representative in congress — election — jurisdiction of congress. 1. Our state courts have no jurisdiction over the election of representatives to congress, but congress is its […]

In re the Petition for DISCIPLINARY ACTION AGAINST Thomas B. JAMES, an Attorney at Law of the State of Minnesota. No. CX-90-251.Supreme Court of Minnesota. July 13, 1990. ORDER The Director of the Lawyers Professional Responsibility Board filed a petition with this Court alleging that the respondent Thomas B. James has committed professional misconduct warranting […]

STATE of Minnesota, Respondent, v. Jack Durand TIBBETTS, Appellant. No. 47974.Supreme Court of Minnesota. July 6, 1979. Appeal from the District Court, Dakota County, Raymond Pavlak, J. Syllabus by the Court Minn.St. 609.341, subd. 11, denies a defendant who is charged with criminal sexual conduct the constitutional right to require that every element of the […]

81 N.W.2d 782 JOHN W. CORMICAN v. ANCHOR CASUALTY COMPANY. No. 36,931.Supreme Court of Minnesota. March 8, 1957. Evidence — positive testimony — when disregarded. 1. The rule is well established in this state that the court or jury cannot disregard the positive testimony of an unimpeached witness unless and until its improbability or inconsistency […]

Application of William W. GAHAN for Admission to the Bar of Minnesota. No. 49690.Supreme Court of Minnesota. May 11, 1979. Syllabus by the Court 1. The Supremacy Clause of the United States Constitution precludes the denial of admission to the Minnesota bar on the Page 827 basis of a prior bankruptcy or on the basis […]

In the Matter of the Application for the DISCIPLINE OF James J. TUZINSKI, an Attorney at Law of the State of Minnesota. No. C2-85-245.Supreme Court of Minnesota. February 19, 1985. ORDER The above entitled matter comes before this court upon the stipulation of the parties which provides as follows: WHEREAS, respondent has concluded it is […]

Erin ANDERS, Appellant, v. Ronald J. TRESTER, Respondent. D D, INC., Respondent, v. Janell JONES, Defendant and Third-Party Plaintiff, v. David ANDERS, Third-Party Defendant. No. C5-96-2454.Minnesota Court of Appeals. April 22, 1997. Appeal from the District Court, Stearns County, Richard Ahles, J. Page 46 Syllabus by the Court In the absence of a special relationship […]

Gordon W. CELL, Respondent, v. MOORE SCHLEY SECURITIES CORPORATION, Appellant, Joseph Jenkins, Jr., Defendant. No. C4-89-76.Supreme Court of Minnesota. December 15, 1989. Appeal from the District Court, Isanti County, P. Hunter Anderson, J. Page 145 Syllabus by the Court 1. New York arbitration law, rather than the Federal Arbitration Act, determines whether a claim is […]

In re the Marriage of Judith A. BLOMGREN, petitioner, Appellant, v. Donald F. BLOMGREN, Respondent. No. C6-84-2053.Minnesota Court of Appeals. May 21, 1985. Appeal from the County Court, Dakota County, Lawrence W. Lenertz, J. Page 919 Syllabus by the Court 1. On a motion for increased child support, the trial court must draw findings of […]

CITY OF EAGAN, Petitioner, Respondent, v. Robert J. O’NEIL, et al., Petitioners, Federal Land Bank of St. Paul, et al., Lower Court Respondents. No. C4-89-238.Minnesota Court of Appeals. March 28, 1989. Review Denied June 9, 1989. Syllabus by the Court 1. Landowners’ failure to challenge the existence of public purpose at time of the initial […]

Joseph John KOZAK, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. CO-84-1285.Minnesota Court of Appeals. December 18, 1984. Appeal from the District Court, Kanabec County, George E. Sausen, J. Page 626 Syllabus by the Court 1. Driver found alone asleep in a vehicle and in possession of the vehicle’s keys Page 627 is in […]

Mae M. CAMBERN, Appellant, v. SIOUX TOOLS, INC., defendant and third-party plaintiff, Respondent, v. BAYLINER BOATS, third-party defendant, Respondent. No. 81-495.Supreme Court of Minnesota. August 31, 1982. Appeal from the District Court, Dakota County, J. Jerome Kluck, J. Syllabus by the Court 1. On these facts, the trial court’s failure to notify counsel and make […]

STATE of Minnesota, Respondent, v. Robert Joseph BRENNER, Appellant, Northwest Publications, Inc., et al., Respondents. No. C9-92-682.Minnesota Court of Appeals. August 18, 1992. Review Granted September 29, 1992. Appeal from the District Court, Hennepin County, Charles A. Porter, J. Syllabus by the Court 1. In camera review is appropriate before determining whether journalists’ notes, or […]

Janine K. Haas, individually and as Representative for all others similarly situated, Appellant, vs. DaimlerChrysler Corporation, DaimlerChrysler Motors Corporation, and Bloomington Chrysler Jeep Eagle, Inc., individually and as representative for other similarly situated Chrysler dealerships, Respondents. No. C7-99-1921.Minnesota Court of Appeals. Filed June 13, 2000. Hennepin County District Court, File No. 999707. SYLLABUS An automobile […]

Renja SIGURDSON, Appellant, v. ISANTI COUNTY, et al., Respondents. No. C2-88-1460.Minnesota Court of Appeals. December 20, 1988. Review Granted February 22, 1989. Appeal from the District Court, Isanti County, James B. Gunderson, J. Page 911 Syllabus by the Court 1. Appellant’s by action was timely in that respondents, by failing to correct salary structure which […]

100 N.W.2d 722 STATE v. BENJAMIN D. RITHOLZ AND OTHERS. No. 37,755.Supreme Court of Minnesota. January 22, 1960. Process — service on nonresident partnership — secretary of state as attorney. M.S.A. 540.152 authorizes the service of a summons and complaint upon a nonresident partnership by serving the same upon the secretary of state of the […]

Donald G. POMIJE, et al., Appellants, v. Leo A. SCHEIBER, Respondent. No. C4-84-1841.Minnesota Court of Appeals. July 23, 1985. Appeal from the District Court, Nicollet County, Noah H. Rosenbloom, J. Page 597 Syllabus of the Court 1. The jury’s award of damages is not palpably contrary to the evidence. 2. The trial court did not […]

21 N.W.2d 792 STATE v. LANESBORO PRODUCE HATCHERY COMPANY.[1] No. 34,000.Supreme Court of Minnesota. February 15, 1946. [1] Reported in 21 N.W.2d 792. Constitution — due process of law — unfair discrimination in purchase of farm products — constitutionality of statute. 1. Minn. St. 1941, § 17.15 (Mason St. 1940 Supp. § 6248-3), which provides: […]

STATE of Minnesota, Appellant, v. Joseph W. DALEY, Respondent. No. C9-85-1912.Minnesota Court of Appeals. April 1, 1986. Appeal from the Municipal Court, Hennepin County, John W. Borg, J. Syllabus by the Court Trial court abused its discretion in excluding Intoxilyzer test results. Hubert H. Humphrey, III, Atty. Gen., St. Paul, Steven Z. Lange, Scott A. […]

106 N.W.2d 888 IN RE TRUST CREATED BY LAST WILL AND TESTAMENT OF RICHARD STEEDMAN PATRICK. PHILIP KING PATRICK AND ANOTHER v. NORTHERN CITY NATIONAL BANK OF DULUTH AND OTHERS. No. 38,010.Supreme Court of Minnesota. December 16, 1960. Wills — construction — when in accordance with precedents and statutes. 1. Words of a will should […]

4 N.W.2d 89 ALICE C. BABCOCK v. BANCAMERICA-BLAIR CORPORATION AND ANOTHER.[1] No. 33,139.Supreme Court of Minnesota. May 15, 1942. [1] Reported in 4 N.W.2d 89. Corporation — foreign corporation — jurisdiction — service of process. Jurisdiction of respondent, a foreign corporation, was not obtained by the service of the summons herein by the sheriff leaving […]

CROSSROADS BANK OF GEORGIA, Respondent, v. STATE BANK OF SPRINGFIELD, Appellant. No. C8-90-2726.Minnesota Court of Appeals. August 20, 1991. Appeal from the District Court, Brown County, Terri J. Stoneburner, J. Page 15 Syllabus by the Court Under Article 5 of the Uniform Commercial Code, an alleged oral agreement as to where document presentation would occur […]