Category: Minnesota Court Opinions

In the Matter of Financial Responsibility for Chemical Dependency Treatment Services Provided to Elaine Doris BRATSCH. No. C4-98-893.Minnesota Court of Appeals. January 12, 1999. Page 657 APPEAL FROM DISTRICT COURT, RENVILLE COUNTY, RANDALL J. SLIETER, J. Syllabus by the Court A county’s continuing responsibility to pay medical assistance for a resident who leaves the county […]

In re Petition for DISCIPLINARY ACTION AGAINST John F. MARKERT, an Attorney at Law of the State of Minnesota. No. C2-88-2480.Supreme Court of Minnesota. September 21, 1989. ORDER The Director of Lawyers Professional Responsibility filed a petition alleging that the Respondent John F. Markert had violated the Rules of Professional Conduct to such an extent […]

Emmett GARRICK, et al., Respondents, v. NORTHLAND INSURANCE COMPANY, Appellant, Athena Assurance Company, The Omaha Indemnity Company, Respondents. No. C0-90-100.Minnesota Court of Appeals. October 2, 1990. Review Granted December 14, 1990. Appeal from the District Court, St. Louis County, David S. Bouschor, J. Page 921 Syllabus by the Court 1. The trial court did not […]

219 N.W.2d 920 MINNESOTA STATE BAR ASSOCIATION v. DIVORCE EDUCATION ASSOCIATES AND OTHERS. No. 45086.Supreme Court of Minnesota. June 28, 1974. Judges — judge disqualifying himself — power to make order to preserve evidence. Mandamus in this court upon the petition of Charles Thibodeau and Donna Thibodeau to set aside an order of the Hennepin […]

Mary HOEFT, et al., Appellants, v. HENNEPIN COUNTY, et al., Respondents, City of St. Louis Park, et al., Respondents. No. A07-1587.Minnesota Court of Appeals. August 19, 2008. Appeal from the District Court, Ramsey County, Teresa R. Warner, J. Page 718 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, […]

216 N.W.2d 121 CARL M. LUNDBERG AND ANOTHER v. NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS AND ANOTHER, TRUSTEES OF TRUST CREATED BY WILL OF M. E. TEGELS. No. 44196.Supreme Court of Minnesota. March 22, 1974. Mortgages — foreclosure after action on note is barred — recovery of interest. 1. A mortgage and the note which it […]

Vernon H. REDISKE, et al., Appellants, Respondents (C0-85-180), v. MINNESOTA VALLEY BREEDERS’ ASSOCIATION, d.b.a. MVBA Harvestore Systems, Defendants, Minnesota Valley Breeders’ Association, d.b.a. MVBA Harvestore Systems and Robert Maust, Appellants (C0-85-180), A.O. Smith Harvestor Products, Inc., et al., Respondents, AgriStor Leasing, Respondent. C4-85-179, C0-85-180.Supreme Court of Minnesota. December 11, 1985. ORDER Based upon all the […]

227 N.W.2d 813 STATE, DEPARTMENT OF PUBLIC SAFETY, v. MICHAEL MULVIHILL. STATE, DEPARTMENT OF PUBLIC SAFETY, v. WELDON RALPH SWEARINGEN. STATE, DEPARTMENT OF PUBLIC SAFETY, v. DAVID JOSEPH HUTTON. STATE, DEPARTMENT OF PUBLIC SAFETY, v. CARROLL KENNETH CORDES. Nos. 44810, 44857, 44864, 45052.Supreme Court of Minnesota. March 28, 1975. Highway traffic regulation — license revocation […]

STATE of Minnesota, Respondent, v. John CERMAK, Appellant. No. C1-82-478.Supreme Court of Minnesota. February 17, 1984. Appeal from the District Court, Olmsted County, John M. Fitzgerald, J. Page 834 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 835 Syllabus by the Court […]

Horace A. LAMB, Respondent, v. William E. JORDAN, Appellant. No. C1-82-397.Supreme Court of Minnesota. May 6, 1983. Appeal from the District Court, Cook County, Walter A. Egeland, J. Syllabus by the Court The jury’s verdict that the defendant is indebted to plaintiff on a promissory note is not justified by the evidence and a new […]

59 N.W.2d 883 RUTH J. SAAF AND ANOTHER v. DULUTH POLICE PENSION RELIEF ASSOCIATION.[1] No. 36,013.Supreme Court of Minnesota. July 24, 1953. [1] Reported in 59 N.W.2d 883. Evidence — expert witness — proof of causal connection between injury and death. 1. In order to have a proper foundation for a finding of causal connection, […]

In re the Marriage of Mary H. PEASLEE, Petitioner, Respondent, v. Ernest M. PEASLEE, Appellant. No. CX-86-1511.Minnesota Court of Appeals. February 10, 1987. Appeal from the District Court, Washington County, Phyllis G. Jones, J. Syllabus by the Court 1. The trial court has broad discretion in determining spousal maintenance and its decision must be affirmed […]

195 N.W.2d 590 STATE v. GARY ANDREW OTTEN. No. 42521.Supreme Court of Minnesota. March 3, 1972. Criminal law — conviction of sodomy upon or with child — sufficiency of evidence — identification of defendant. Appeal by Gary Andrew Otten from a judgment of the Hennepin County District Court, Irving C. Iverson, Judge, whereby he was […]

In re the Marriage of Rosemary Schwoebel LINDERMAN, Petitioner, Respondent, v. Lowell James LINDERMAN, Appellant. Nos. C0-84-1528, C5-84-1797 and C6-84-1985.Minnesota Court of Appeals. March 26, 1985. Appeal from the District Court, Mower County, Paul Kimball, Jr., J. Page 873 Syllabus by the Court 1. Evidence is sufficient to support a trial court finding that the […]

State of Minnesota, Appellant, v. Wayne Lawrence Ruoho, Respondent (A03-2015), Jacqueline Francis Knutson, Respondent (A03-2016). Nos. A03-2015, A03-2016.Minnesota Court of Appeals. Filed: August 17, 2004. Appeal from the District Court, Crow Wing County, File No. K7-02-1753. Page 452 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

245 N.W.2d 238 FARM BUREAU MUTUAL INSURANCE COMPANY v. DAVID P. WEBER, A MINOR, BY ANNABEL WEBER, HIS MOTHER AND NATURAL GUARDIAN, AND OTHERS. No. 46140.Supreme Court of Minnesota. August 13, 1976. Master and servant — claimed employment relationship between parent and child — characteristics needed. 1. Ordinarily a parent-child or family relationship does not […]

241 N.W.2d 486 INTER ROYAL CORPORATION v. LAKE REGION EQUIPMENT COMPANY, INC., AND OTHERS. J. V. BRODMARKLE AND ANOTHER, APPELLANTS. No. 45614.Supreme Court of Minnesota. April 23, 1976. Fraud — action on guaranty — claimed fraud in inducement — failure to prove. Action in the Hennepin County District Court brought by Inter Royal Corporation, also […]

STATE of Minnesota, COUNTY OF ST. LOUIS and Ramona Mae Soderlund, Respondents, v. Michael Ray MARCHAND, Petitioner. No. C4-86-869.Minnesota Court of Appeals. March 3, 1987. Appeal from the District Court, St. Louis County, Jeanne Sederberg, J. Syllabus by the Court By rule, a second voluntary dismissal is with prejudice, but where a party has previously […]

190 N.W.2d 472 WESLEY M. CHANDLER v. RAYMOND J. KROISS AND OTHERS. No. 42730.Supreme Court of Minnesota. September 10, 1971. Zoning — ordinance permitting rezoning for planned unit development — procedure not required. 1. No application for a variance is required under an ordinance which permits a rezoning for a planned unit development by means […]

In Re the Marriage of Ruth SERVIN, petitioner, Appellant, v. Donald SERVIN, Respondent. Nos. C3-82-1471, CX-83-280.Supreme Court of Minnesota. March 16, 1984. Appeal from the District Court, Anoka County, Lynn Olson and David E. Christensen, JJ. Page 755 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

In re Petition for DISCIPLINARY ACTION AGAINST Joel Anthony FRANKLIN, a Minnesota Attorney, Registration No. 271627. No. A06-1457.Supreme Court of Minnesota. January 11, 2007. ORDER The Director of the Office of Lawyers Professional Responsibility has filed a petition for disciplinary action alleging that respondent Joel Anthony Franklin committed professional misconduct warranting public discipline, namely, that […]

STATE of Minnesota, Appellant, v. Calvin E. BROWN, Respondent (C4-92-122), Maurice Linn Hoyt, Respondent (C6-91-123). Nos. C4-92-122, C6-92-123.Minnesota Court of Appeals. June 30, 1992. Appeal from the District Court, Dakota County, John J. Daly, J. Syllabus by the Court Minn.Stat. § 349.2127, subd. 4 (1990) prohibits the transportation of unstamped pull-tabs and tipboards into Minnesota. […]

Roger WALLACE, Individually and Roger Wallace, as Special Administrator of the Estate of Donald M. Wallace, Deceased, Respondent, v. TRI-STATE INSURANCE COMPANY OF MINNESOTA, LUVERNE, MINNESOTA, Appellant. No. 50874.Supreme Court of Minnesota. December 12, 1980. Appeal from the District Court, Chippewa County, DePaul D. Willette, J. Syllabus by the Court The right of a health […]

In the Matter of the Application for the DISCIPLINE OF Paul V. FLING, an Attorney at Law of the State of Minnesota. No. 51812.Supreme Court of Minnesota. March 5, 1982. Michael J. Hoover, Director of Lawyers Professional Responsibility Bd., and Richard Harden, Atty., Lawyers Professional Responsibility Bd., St. Paul, for appellant. Fred Allen, Minneapolis, for […]

130 N.W.2d 228 THE KELMAR CORPORATION v. DISTRICT COURT OF FOURTH JUDICIAL DISTRICT AND ANOTHER. No. 39,468.Supreme Court of Minnesota. August 14, 1964. Eminent domain — condemnation proceedings — necessity of taking — showing required. 1. In proceedings for taking of property by eminent domain, it is not necessary for the commissioner of highways acting […]

State of Minnesota, Appellant, v. Eric NMN Kromah, et al., Respondents, Charden Marlowe Gomez, Respondent. No. C8-02-1034.Supreme Court of Minnesota. Filed: February 24, 2003. Appeal from Hennepin County. SYLLABUS The district court erred when it suppressed DNA evidence on the basis that the BCA had not complied with the Page 565 Technical Working Group on […]

Illinois Farmers Insurance Company, Appellant, vs. Michael Terrance Duffy, Respondent, Jason Robert Duffy, Respondent, Mathias Joseph Conroy, Respondent, Linda E. Brockway, as Trustee for the Heirs of Kevin G. Brockway, Respondent, Mark Roy Adams, Jr., a minor, by and through his parent and natural guardian, Mark Adams, Respondent. No. C4-00-782.Minnesota Court of Appeals. Filed November […]

48 N.W.2d 515 STATE v. TOWN OF BALKAN.[1] No. 35,477.Supreme Court of Minnesota. June 8, 1951. [1] Reported in 48 N.W.2d 515. Town — audit of books and records — sufficiency of petition therefor. 1. Under M.S.A. 215.19, the duty rests upon the county auditor to determine the sufficiency of a petition for examination by […]

Debra L. RICHARDSON, Respondent, v. Richard Byron LUDWIG, et al., Respondents, Domino’s Pizza, Inc., a Michigan corporation, Defendant, Jermike Corporation, Appellant. No. C9-92-1430.Minnesota Court of Appeals. February 16, 1993. Review Denied April 20, 1993. Appeal from the District Court, Hennepin County, William S. Posten, J. Page 870 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

The COMMISSIONER OF REVENUE, Respondent, v. APPLEBAUMS’ FOOD MARKETS, INC., Relator. No. 50946.Supreme Court of Minnesota. August 29, 1980. Syllabus by the Court The sale of hot chicken, hot turkey, hot chicken parts, hot turkey parts, and party trays in the delicatessen departments of Applebaums’ Food Stores is not subject to Minnesota sales tax. Altman, […]

Warren BLOOMQUIST, Relator, v. COMMISSIONER OF NATURAL RESOURCES, Respondent. No. A05-147.Minnesota Court of Appeals. September 27, 2005. Page 185 Syllabus by the Court The commissioner of natural resources properly applied the public water resources rules in Minnesota Rules chapter 6115 by denying a permit for inland excavation when substantial evidence supported the commissioner’s determination that […]

94 N.W.2d 543 ROBERT C. BROWN v. ALDEN L. BERTRAND. WESTERN CASUALTY SURETY COMPANY, GARNISHEE. No. 37,454.Supreme Court of Minnesota. January 16, 1959. Appeal and error — appealable order — order granting new trial. 1. An order of the district court which vacates a judgment and grants a new trial on the grounds of “newly […]

STATE of Minnesota, Respondent, v. Jeffrey Scott BUSWELL, Appellant, (C5-89-555) Gary Lee Schwartzman, Appellant, (CX-89-1166) Dale Jay Schmidt, Appellant. (C5-89-1169). Nos. C5-89-555, CX-89-1166 and C5-89-1169.Minnesota Court of Appeals. December 26, 1989. Review Granted February 21, 1990. Appeal from the District Court, Crow Wing County, Clinton W. Wyant, J. Syllabus by the Court When considering whether […]

In re the Marriage of Gerald H. GUETZKOW, Petitioner, Appellant, v. Mary GUETZKOW, Respondent. No. C5-85-1339.Minnesota Court of Appeals. January 14, 1986. Appeal from the District Court, Hennepin County, Kenneth J. Gill, J. Syllabus by the Court The trial court did not err in the valuation of certain real estate when it failed to deduct […]

129 N.W.2d 284 STATE v. DAVID OWENS. No. 39,207.Supreme Court of Minnesota. June 5, 1964. Criminal law — indictment and information — purpose — sufficiency. 1. The purpose of an indictment or information is to inform the defendant of the nature of the particular offense with which he is charged so that he may intelligently […]

Ernest Edward FEIL, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant. No. C3-85-1632.Minnesota Court of Appeals. March 18, 1986. Appeal from the District Court, Washington County, Esther Tomljanovich, J. Page 421 Syllabus by the Court The trial court erred when it found that the Intoxilyzer test procedure was unreliable. Edward W. Simonet, III, Stillwater, for […]

Gladys O. LAKICS, Respondent, v. LANE BRYANT DEPARTMENT STORE, et al., Relators, Blue Cross/Blue Shield of Minnesota, Intervenor, Respondent. No. 47558.Supreme Court of Minnesota. February 3, 1978. Rehearing Denied March 23, 1978. Page 609 Van Eps Gilmore and Michael D. Aafedt, Minneapolis, for relators. Robins, Davis Lyons and Arnold M. Bellis and John G. Brian […]

37 N.W.2d 543 HELEN MILLER AND OTHERS v. HAROLD MONSEN.[1] No. 34,913.Supreme Court of Minnesota. May 6, 1949. [1] Reported in 37 N.W.2d 543. Parent and child — enticement of parent from family home — rights of child. 1. A child has a right of action against one enticing its parent from their family home […]

STATE of Minnesota, Respondent, v. Victor Lee BOWEN, Appellant. No. C9-96-1386.Minnesota Court of Appeals. February 25, 1997. Appeal from the District Court, Anoka County, Michael J. Roith, J. Syllabus by the Court 1. Due process does not require that a defendant pleading guilty to a misdemeanor offense, that could be used to help prove felony […]

COUNTY OF BENTON, Appellant, County of Sherburne, Appellant, v. COUNTY OF STEARNS, Respondent. Nos. C4-92-2436, C4-93-79.Minnesota Court of Appeals. July 20, 1993. As Amended July 21, 1993. Review Denied September 21, 1993. Appeal from the District Courts in Benton and Sherburne Counties, Homer Saetre, J. Page 520 Syllabus by the Court Minn.Stat. § 487.21, subd. […]

233 N.W.2d 287 LeWAYNE F. PIGMAN v. LESTER NOTT. No. 45376.Supreme Court of Minnesota. August 8, 1975. Negligence — statute prohibiting owner from letting animal run at large — effect of violation. Action in the Redwood County District Court for damages allegedly sustained by plaintiff when his automobile struck a horse owned by defendant. After […]

In Re the Marriage of: Steven Allen Schlichting, petitioner, Appellant, vs. Kimberly Anne Paulus, F/K/A Kimberly Anne Schlichting, Respondent. No. C0-01-157Minnesota Court of Appeals. Filed September 4, 2001. Appeal from the District Court, Benton County, James W. Hoolihan, J., File No. F8-96-705. Page 791 SYLLABUS When joint physical custody is granted, the failure to apply […]

109 N.W.2d 336 PATRICIA LOTT v. GEORGE R. DAVIDSON, d.b.a. RED AND WHITE AIRWAY TAXI COMPANY, AND OTHERS. EUGENE A. ALTON AND ANOTHER, APPELLANTS. MARIE G. SPATH, A MINOR, BY ALLEN N. SPATH, HER FATHER AND NATURAL GUARDIAN, v. MICHAEL E. ALTON AND ANOTHER. GEORGE R. DAVIDSON, d.b.a. RED AND WHITE AIRWAY TAXI COMPANY, THIRD-PARTY […]

187 N.W.2d 622 STATE v. JERRY DEAN BERGLAND. No. 41628.Supreme Court of Minnesota. May 21, 1971. Criminal law — inconsistency in testimony of eyewitnesses — failure to identify defendant — effect. 1. Inconsistency in testimony of eyewitnesses and their failure to identify defendant may, standing alone, be sufficient grounds for new trial. But where such […]

Cleo Grace DOCKIN, Appellant, v. STATE of Minnesota, Respondent. No. C6-86-1165.Minnesota Court of Appeals. January 13, 1987. Appeal from the District Court, Hennepin County, Peter J. Lindberg, J. Page 105 Syllabus by the Court Seventeen stayed misdemeanor sentences of 90 days each, executed after the imposition of a subsequent felony sentence, should not run consecutive […]

STATE of Minnesota, Respondent, v. Mark Lee DUE, Respondent, Interstate Bonding, Inc., Appellant. No. C8-88-474.Minnesota Court of Appeals. August 16, 1988. Review Denied September 28, 1988. Appeal from the District Court, Martin County, Conrad F. Gaarenstroom, J. Page 277 Syllabus by the Court Trial court was within its discretion in refusing to forgive surety’s obligation […]

Dennis CASPER, Respondent, v. CITY OF STACY, Appellant. No. C4-90-2352.Minnesota Court of Appeals. July 30, 1991. Review Denied September 25, 1991. Appeal from the District Court, Chisago County, Linn Slattengren, J. Page 903 Syllabus by the Court 1. A municipality which purchases insurance coverage in excess of the limits of liability of liability Minn.Stat. § […]

63 N.W.2d 573 IN RE ADOPTION OF MARIA AND PATRICIA ZAVASKY. GEORGE SHERMAN AND ANOTHER v. BUREAU OF CATHOLIC CHARITIES AND ANOTHER.[1] No. 36,197.Supreme Court of Minnesota. March 19, 1954. [1] Reported in 63 N.W.2d 573. Adoption — guardian — dependent or neglected children — necessity of consent. 1. The term guardian, as defined in […]

88 N.W.2d 91 MARGUERITE KACHEL AND ANOTHER v. RAY BENDISKE. No. 37,251.Supreme Court of Minnesota. February 14, 1958. Trial — instructions — duties of drivers involved in intersection collision. The trial court’s instruction to the jury in this case, involving a collision of two automobiles at an intersection, read as a whole, cannot be said […]