Category: Minnesota Court Opinions

Norm COLEMAN, et al., Petitioners, v. Mark RITCHIE, Minnesota Secretary of State, The Minnesota State Canvassing Board, Isanti County Canvassing Board, et al., Respondents, Al Franken for Senate and Al Franken, Intervenor-Respondents. No. A08-2169.Supreme Court of Minnesota. December 18, 2008. Page 307 ORDER Petitioners Norm Coleman, et al., have filed a petition and an amended […]

COUNTRY JOE, INC., et al., Respondents, v. CITY OF EAGAN, petitioner, Appellant. No. C8-95-2289.Supreme Court of Minnesota. March 6, 1997. Appeal from the District Court, Dakota County, Thomas M. Murphy, J. Syllabus by the Court A statutory city lacks express or implied authority to impose a road unit connection Page 682 charge as a condition […]

In the Matter of QWEST’S PERFORMANCE ASSURANCE PLAN. In the Matter of Qwest’s Wholesale Quality Standards. No. A09-1493.Minnesota Court of Appeals. June 8, 2010. Page 572 SYLLABUS BY THE COURT Money deposited in the Tier 2 Special Fund under Qwest Corporation’s Performance Assurance Plan does not constitute money recovered by a state official in litigation […]

STATE of Minnesota, on Behalf of Sherry (Reynolds) ELG, Respondent, v. Jeffrey G. ERICKSON, Appellant. No. C6-84-1288.Minnesota Court of Appeals. March 12, 1985. Appeal from the District Court, Washington County, George O. Murray, J. Page 860 Syllabus by the Court 1. The trial court properly admitted Dr. Polesky’s testimony concerning paternity index. 2. The trial […]

COMMISSIONER OF NATURAL RESOURCES of the State of Minnesota, Appellant, v. LAC QUI PARLE COUNTY PUBLIC WATERS/WETLANDS HEARINGS UNIT, Respondent-Below, Gerald Dove, et al., Respondents, Gary Nygard, et al., Respondents, Gerald Wollschlager, et al., Respondents, Harlien Harwick and Gordon Harwick, Respondents. No. 82-358.Supreme Court of Minnesota. December 3, 1982. Rehearing Denied December 29, 1982. Appeal […]

133 N.W.2d 543 MORRIS FISHER v. RED WHITE TAXI COMPANY AND ANOTHER. No. 39,399.Supreme Court of Minnesota. February 19, 1965. Workmen’s compensation — proceedings — review — findings of commission. The Industrial Commission’s determination of fact questions will not be disturbed on appeal unless it is manifestly contrary to the evidence. This court on appeal […]

Sherry Lea RUSH, Appellant, v. Tasha Lee JOSTOCK, et al., Respondents. No. A05-714.Minnesota Court of Appeals. March 7, 2006. Appeal from the District Court, Olmsted County, Jodi L. Williamson, J. Page 571 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 572 [EDITORS’ […]

165 N.W.2d 209 CAROLYN B. MOORE v. KENT L. HENRICKSEN. No. 40423.Supreme Court of Minnesota. August 23, 1968. Dedication — easement for alley purposes — extent. 1. For many years plaintiff and her predecessor in title gained access to their property by use of a driveway and a strip connecting the driveway with their garage, […]

INTERNATIONAL FINANCIAL SERVICES, INC., Plaintiff, v. Allen J. FRANZ, et al., defendants and third-party plaintiffs, Respondent, v. GERBER SCIENTIFIC INSTRUMENT CO., third-party defendant, petitioner, Appellant. No. C5-93-1550.Supreme Court of Minnesota. July 7, 1995. Appeal from the District Court, Hennepin County, Marilyn B. Rosenbaum, J. Page 262 Syllabus by the Court Sufficient circumstantial evidence existed for […]

STATE of Minnesota, Respondent, v. Mary MOORE, Appellant. No. C0-83-854.Supreme Court of Minnesota. December 2, 1983. Appeal from the District Court, Brown County, Noah S. Rosenbloom, J. Syllabus by the Court In computing criminal history score of defendant, who committed multiple thefts Page 672 from a single victim, trial court was free to use the […]

James F. HARVEY, Appellant, v. FRIDLEY MEDICAL CENTER, P.A., et al, Respondents. No. 81-361.Supreme Court of Minnesota. January 29, 1982. Appeal from the District Court, Ramsey County, Hyam Segell, J. Page 226 Syllabus by the Court A directed verdict was proper in a medical malpractice action where plaintiff failed to introduce expert evidence that defendant […]

STATE of Minnesota, Appellant, v. Richard Alan HANSON, Respondent. No. C5-84-1170.Minnesota Court of Appeals. October 2, 1984. Appeal from the District Court, Crow Wing County, W. Wyant Clinton, J. Syllabus by the Court 1. A search warrant to seize sexually explicit magazines is not void for staleness when the affidavit sets forth a time frame […]

STATE of Minnesota, Respondent, v. Dane Eugene NELSON, Defendant, Minnesota Surety Trust Company, Appellant. No. A08-2064.Minnesota Court of Appeals. September 29, 2009. Appeal from the District Court, Wright County, Jonathon Neal Japser, J. Page 331 SYLLABUS Minnesota Rule of General Practice 702(f) does not require that a petition and affidavit filed in support of a […]

207 N.W.2d 358 STATE, DEPARTMENT OF CONSERVATION, BY JARLE LEIRFALLOM, v. ALBERT H. SHERIFF. No. 43677.Supreme Court of Minnesota. May 4, 1973. Waters and watercourses — placing fill in public lake without permit — summary judgment enjoining — propriety. 1. Since it is uncontested that defendant placed fill below the established high water level of […]

Gordon H. RYKS, Relator, v. NIEUWSMA LIVESTOCK EQUIPMENT, Wilber B. Nieuwsma, Commissioner of Jobs and Training, Respondents. No. C0-87-491.Minnesota Court of Appeals. August 11, 1987. Page 381 Syllabus by the Court Relator voluntarily quit his job without good cause attribute to the employer, and is therefore disqualified from receiving unemployment compensation benefits. John E. Mack, […]

46 N.W.2d 254 GROCERS, INC. v. HENRY HORSTMAN.[1] No. 35,191.Supreme Court of Minnesota. February 16, 1951. [1] Reported in 46 N.W.2d 254. Bills and notes — delivery of note to escrow holder by endorser — fraudulent possession and defective title. 1-2. Evidence that defendant, endorser of a promissory note, in presence of plaintiff delivered it […]

Nancy A. FLEMING, Respondent, v. Robert W. HAGEN, Jr. ESTATE, Appellant. No. A05-49.Minnesota Court of Appeals. August 30, 2005. Appeal from the District Court, Blue Earth County, Kurt D. Johnson, J. SYLLABUS Where a partnership is not at-will and the partnership agreement does not authorize an individual partner to unilaterally force an immediate dissolution, the […]

STATE of Minnesota, Respondent, v. Michael W. PATRICELLI, Appellant. No. CX-83-263.Supreme Court of Minnesota. October 26, 1984. Appeal from the District Court, Washington County, Esther M. Tomljanovich, J. Page 90 Syllabus by the Court 1. Evidence of defendant’s guilt of aggravated robbery was sufficient. 2. Trial court correctly concluded that defendant’s inculpatory statement to sheriff’s […]

ALMAC, INC., Respondent, v. JRH DEVELOPMENT, INC., Defendant, James R. Hill, Appellant. No. C8-85-2324.Minnesota Court of Appeals. August 19, 1986. Review Denied October 17, 1986. Appeal from the District Court, Scott County, John M. Fitzgerald, J. Page 920 Syllabus by the Court 1. A corporation’s creditors will be allowed to pierce the corporate veil and […]

STATE of Minnesota, Respondent, v. Lawrence William SOLLMAN, Appellant. No. CX-86-1007.Minnesota Court of Appeals. March 24, 1987. Appeal from the District Court, Washington County, Esther M. Tomlijanovich, J. Page 635 Syllabus by the Court The trial court reasonably could conclude that appellant was guilty of first degree criminal sexual conduct because there was sufficient evidence […]

Jerry D. HANSON, Respondent, v. SPECIAL SCHOOL DISTRICT NO. 1, and Self Insured, Relator. No. CX-83-1087.Supreme Court of Minnesota. December 28, 1984. Appeal from the Workers’ Compensation Court of Appeals. Page 619 Syllabus by the Court A decision of the Workers’ Compensation Court of Appeals dated and presumably signed on June 28, 1983, was not […]

In the Matter of the WELFARE of Charles SWEATS. No. 49993.Supreme Court of Minnesota. May 23, 1980. Appeal from the District Court, Juvenile Division, Hennepin County, Carl W. Peterson, J. Page 68 Syllabus by the Court The juvenile court is divested of jurisdiction in a juvenile delinquency proceeding upon the prosecutor’s filing of notice of […]

BEAVER CREEK MUTUAL INSURANCE COMPANY, Relator, v. COMMISSIONER OF JOBS AND TRAINING, Respondent. No. C2-90-1359.Minnesota Court of Appeals. November 20, 1990. Page 536 Syllabus by the Court Officers of a township mutual insurance company were “employees” for unemployment compensation purposes, even though the officers’ services to the corporation were channeled through an independent insurance agency. […]

176 N.W.2d 633 DOROTHY SOLTIS v. NINA GEARY. ROBERT L. SOLTIS, THIRD-PARTY DEFENDANT. No. 41794.Supreme Court of Minnesota. April 17, 1970. Trial — claimed improper argument — duty of court. 1. Where the only impropriety in plaintiff’s final argument was an inappropriate reference to defenses alleged in defendant’s answer but not relied upon at trial, […]

State of Minnesota, Respondent, vs. Herbert Lee Hendry II, Appellant. No. C7-00-2008.Minnesota Court of Appeals. Filed: December 4, 2001. Appeal from the District Court, Hennepin County, Stephen D. Swanson, J., File No. 99050162. Page 159 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

In re Charges of Unprofessional Conduct against Richard W. JOHNSON, Richard W. JOHNSON, Petitioner, v. DIRECTOR OF PROFESSIONAL RESPONSIBILITY, Respondent. No. CX-83-859.Supreme Court of Minnesota. December 16, 1983. Syllabus by the Court Minnesota DR 2-105(B) prohibiting lawyer advertising of a legitimate specialization certification is unconstitutional. Collins, Buckley, Sauntry Haugh, Theodore J. Collins, St. Paul, for […]

121 N.W.2d 325 ST. PAUL HOSPITAL WORKERS HEALTH WELFARE, INC. v. BETHESDA LUTHERAN HOSPITAL. No. 38,797.Supreme Court of Minnesota. April 19, 1963. Judgments — res judicata — prior action in conciliation court. In the absence of an appeal as authorized by Minn. St. 491.06 from the conciliation court to the municipal court of St. Paul, […]

90 N.W.2d 533 CHARLES E. PHELPS, TRUSTEE FOR HEIRS AND NEXT OF KIN OF ELEANOR E. HIGGINS, v. MELVIN BENSON. GEORGE A. HIGGINS v. SAME. Nos. 37,278, 37,279.Supreme Court of Minnesota. May 29, 1958. Automobiles — South Dakota “guest statute” — owner of vehicle as guest. 1. Where two couples travel together in the automobile […]

218 N.W.2d 692 MINNESOTA BOARD OF BARBER EXAMINERS v. JACK LAURANCE, INDIVIDUALLY AND d.b.a. LAURANCE INTERNATIONAL COIFFURES. No. 44357.Supreme Court of Minnesota. May 24, 1974. Constitution — statute permitting cosmetologists to cut only women’s hair — constitutionality. Action in the Hennepin County District Court brought by the Minnesota Board of Barber Examiners to enjoin Jack […]

STATE of Minnesota, Respondent, v. Thanh Quan TRAN, Appellant. No. A05-26.Supreme Court of Minnesota. April 20, 2006. Appeal from the District Court, Dakota County, Robert Carolan, J. Page 541 Syllabus by the Court For a murder victim’s life insurance policy to be admissible as evidence under Minn. R. Evid. 402 to prove a defendant’s motive […]

Robert E. SHORT, Appellant, v. SUN NEWSPAPERS, INC. et al., Carroll E. Crawford, Vincent J. Manno et al., Elmer L. Andersen et al., Respondents. No. 50736.Supreme Court of Minnesota. December 19, 1980. Appeal from the District Court, Hennepin County, Susanne C. Sedgwick, J. Page 782 Syllabus by the Court 1. Appeals for sealed bids, couched […]

MINNESOTA FEDERATION OF TEACHERS, LOCAL 331, Petitioner, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 361, Respondent. No. 50956.Supreme Court of Minnesota. September 25, 1981. Appeal from the District Court, Koochiching County, Gordon L. McRae, J. Page 483 Syllabus by the Court Because it is reasonably debatable whether the controversy sought to be arbitrated is within the […]

Gary Leonard WEDAN, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. C6-87-558.Minnesota Court of Appeals. July 21, 1987. Review Denied September 23, 1987. Appeal from the District Court, Carlton County, Joseph R. Scherkenbach, J. Page 267 Syllabus by the Court 1. The evidence was sufficient to convict appellant of second-degree criminal sexual conduct. 2. The […]

226 N.W.2d 316 VILLAGE OF EXCELSIOR v. F.W. PEARCE CORPORATION. No. 44618.Supreme Court of Minnesota. February 14, 1975. Municipal corporations — contracts — contract made by village with Metropolitan Sewer Board without advertising for bids — validity. It is statutorily permissible for a village, without first advertising for bids, to contract with the Metropolitan Sewer […]

MILLWRIGHTS LOCAL 548, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS, AFL-CIO, Appellant, v. ROBERT J. PUGLEASA COMPANY, INC., Respondent. No. C6-87-1984.Minnesota Court of Appeals. February 9, 1988. Appeal from the District Court, Hennepin County, Henry McCarr, J. Page 106 Syllabus by the Court The trial court erred in deciding this procedural arbitrary question, which must be […]

David W. JONDAL, Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Respondent. No. C2-86-1115.Minnesota Court of Appeals. May 26, 1987. Appeal from the District Court, Mower County, William J. Nierengarten, J. Page 540 Syllabus by the Court 1. The trial court erred in granting JNOV in an action for personal injuries under FELA […]

JOHN DAVID CONTRACTING, INC., Respondent, v. Peter M. BROZEK, et al., Appellants. No. C8-95-560.Minnesota Court of Appeals. August 8, 1995. Appeal from the District Court, Ramsey County, Allan R. Markert, J. Syllabus by the Court Because the construction contract at issue does not constitute an open end credit plan, the interest rate on the mechanics’ […]

Jeffrey Eldon WOLLE, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C7-87-1198.Minnesota Court of Appeals. October 6, 1987. Appeal from the District Court, Martin County, J.W. Schindler, J. Syllabus by the Court 1. The trial court was not clearly erroneous when it found appellant was able to provide a breath sample. 2. Appellant’s refusal […]

173 N.W.2d 462 MICHAEL O’BRIEN AND OTHERS v. CITY OF ST. PAUL AND OTHERS. SERVICE TO BUILDERS, INC., AND ANOTHER, APPELLANTS. No. 41458.Supreme Court of Minnesota. December 26, 1969. Zoning — rezoning — requiring consent of adjoining owner — constitutionality. The provisions of Minn. St. 462.357, subd. 5, and St. Paul Legislative Code, § 64.06, […]

Ralph SCHREINER, as Trustee Under the Minnesota Wrongful Death Act for the Next of Kin of Nicholas Schreiner, Deceased, Appellant, v. Robert John SCHMITZ, et al., Third Party Plaintiffs, Respondents, v. Judith Ann SCHREINER, Third Party Defendant, Respondent. No. C3-87-1473.Minnesota Court of Appeals. January 26, 1988. Review Granted April 4, 1988. Appeal from the District […]

15 N.W.2d 16 IN RE ESTATE OF FRED BOESE. MABEL LANGLEY AND OTHERS v. CHARLES E. SMITH.[1] No. 33,694.Supreme Court of Minnesota. June 16, 1944. [1] Reported in 15 N.W.2d 16. Will — proceedings for allowance — appeal — attorneys’ fees, expenses, and compensation. A sole legatee, who is substituted for the executor of a […]

In the Matter of the Placement of Edward BUYS on Requested Leave of Absence. STATE of Minnesota, ex rel. Edward BUYS, Relator, v. INDEPENDENT SCHOOL DISTRICT NO. 891, CANBY, Minnesota, Respondent. No. C2-86-1194.Minnesota Court of Appeals. December 30, 1986. Review Denied March 13, 1987. Syllabus by the Court 1. School district properly appointed administrator as […]

MINNESOTA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION, Relator, v. DEPARTMENT OF COMMERCE, Respondent. No. C5-86-1464.Minnesota Court of Appeals. February 17, 1987. Syllabus by the Court 1. The Commissioner of Commerce did not err in interpreting the definition of annuity contract under Minn. Stat. § 61B.03, subd. 3 (1984) to include certain unallocated annuities. 2. The […]

STATE of Minnesota, Respondent, v. Jarrett Lanell JORGENSON, Appellant. No. A07-1745.Minnesota Court of Appeals. December 9, 2008. Appeal from the District Court, Stearns County, Frederick L. Grunke, J. Page 317 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 318 Lori Swanson, Attorney […]

MINISTERS LIFE — A Mutual Insurance Company, et al., Appellants, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Respondent. No. C3-91-2160.Minnesota Court of Appeals. April 7, 1992. Appeal from the District Court, Hennepin County, Eugene Minenko, J. Page 89 Syllabus by the Court 1. In an insurer’s liability policy covering operations of another insurance company, […]

In re ESTATE OF Lucile TAUTGES, Deceased. No. C9-87-1560.Minnesota Court of Appeals. February 2, 1988. Appeal from the District Court, Hennepin County, Melvin J. Peterson, J. Page 510 Syllabus by the Court Co-owner of real property may not recover damages on behalf of other co-owners without an assignment of co-owners’ interests or authorization to proceed […]

154 N.W.2d 406 HUISINGA FARMS, INC. v. FARM BUREAU MUTUAL INSURANCE COMPANY. No. 40,581.Supreme Court of Minnesota. November 17, 1967. Insurance — policies insuring property on turkey farm — coverage — instructions of trial court. Instructions of the trial court relating to provisions of insurance policies containing extended coverage for damage by windstorm and excluding […]

STATE of Minnesota, Respondent, v. David M. WESTRUM, Appellant. No. CX-85-1370.Minnesota Court of Appeals. January 14, 1986. Appeal from the Municipal Court, Hennepin County, C. William Sykora, J. Page 188 Syllabus by the Court Minneapolis, Minn., Code of Ordinances § 118.110 (1982) is not unduly vague, nor is it either in conflict with or preempted […]

189 N.W.2d 706 DOUGLAS HUTCHINGS v. MARY BOURDAGES AND OTHERS. No. 42836.Supreme Court of Minnesota. September 10, 1971. Automobiles — use with owner’s consent — use by friend of subpermittee. The owner of an automobile granted the unrestricted use of his automobile to another adult, who in turn granted restricted use of the automobile to […]

Lawrence C. Goeb, et al., petitioners, Appellants, vs. Timothy Tharaldson, d/b/a Duluth Quality Pest Control, Respondent, Dow Chemical Company, d/b/a DowElanco, Respondent, Elliot Silberman, plaintiff intervenor, Respondent. No. CX-98-2275.Supreme Court of Minnesota. Filed: August 17, 2000 Office of Appellate Courts. Page 801 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

Mervin P. KIRCHNER, Respondent, v. COUNTY OF ANOKA and Home Insurance Company, Relators, and Iowa National Mutual Insurance Company, Respondent, and State Treasurer, as Custodian of the Special Compensation Fund, Relator. No. C2-82-1560.Supreme Court of Minnesota. November 10, 1983. Appeal from the Workers’ Compensation Court of Appeals. Page 909 Syllabus by the Court 1. Finding […]

Therese M. SMITH, et al., Petitioners, Appellants, v. The CITY OF OWATONNA, Respondent. No. C5-88-1789.Supreme Court of Minnesota. January 19, 1990. Rehearing Denied March 26, 1990. Appeal from the District Court, Steele County, Charles E. Cashman, J. Syllabus by the Court The City’s actions in requiring plaintiffs to pay for their service lines to the […]

STATE of Minnesota, Respondent, v. Jeffrey Bill LEWIS, Appellant. STATE of Minnesota, Respondent, v. Jerry Bill LEWIS, Appellant. Nos. 48311, 48312.Supreme Court of Minnesota. September 15, 1978. Rehearing Denied November 6, 1978. Appeal from the District Court, Carver County, Raymond Pavlak, J. Page 892 Syllabus by the Court 1-4. The entry upon defendants’ premises and […]

STATE of Minnesota, Respondent, v. Steven Leo RANNOW, Appellant. No. A05-282.Minnesota Court of Appeals. September 13, 2005. Appeal from the District Court, McLeod County. Page 576 Syllabus by the Court Multiple current felony convictions for crimes against persons may be sentenced consecutively to each other, without constituting a departure from the Minnesota Sentencing Guidelines, only […]