Category: Minnesota Court Opinions

In re CONSERVATORSHIP OF Helen M. KOCEMBA, Conservatee. No. C2-88-308.Minnesota Court of Appeals. September 27, 1988. Appeal from the District Court, Hennepin County, Melvin J. Peterson, J. Page 303 Syllabus by the Court 1. Once a person is found to be incapacitated and is under an involuntary conservatorship, a finding of incapacity is necessary when […]

In the Matter of Wallace MORTON. No. C3-86-376.Minnesota Court of Appeals. May 20, 1986. Appeal from the District Court, Mental Health Division, Hennepin County, Lindsay G. Arthur, J. Page 833 Syllabus by the Court A pre-petition screening report, protected nonpublic data prepared in anticipation of the commitment process, may be disseminated to the court-appointed examiner […]

In Re: Estate of John Michael Palmen No. C2-97-1546Supreme Court of Minnesota. January 28, 1999. Appeal from the Court of Appeals. Page 494 Syllabus by the Court The jurisdictional bar imposed by Minnesota Statutes §§ 513.075 and 513.076 does not apply when a claim is based on an agreement supported by consideration independent of a […]

104 N.W.2d 650 STATE v. MORRIS NATHANIEL KEATON. No. 37,838.Supreme Court of Minnesota. July 8, 1960. Criminal law — trial — instructions with regard to presumptions — instruction that premeditation is presumed from act of killing. 1. It is error to instruct a jury that, unless rebutted, the element of premeditated design necessary for first-degree […]

Judith M. Olson, petitioner, Appellant, vs. Synergistic Technologies Business Systems, Inc., et al., Respondents. No. C0-99-769, C8-99-776Supreme Court of Minnesota. Filed: June 28, 2001 Appeal from the District Court, Hennepin County, Charles A. Porter, Jr., J. Page 143 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY […]

FRED O. WATSON CO., et al., Respondents, v. UNITED STATES LIFE INSURANCE COMPANY IN the CITY OF NEW YORK, defendant and third party plaintiff, Appellant, v. EBERHARDT COMPANY, third party defendant, Respondent. No. 47418-9.Supreme Court of Minnesota. September 23, 1977. Appeal from the District Court, Hennepin County, Allen Oleisky, J. Page 777 Syllabus by the […]

In re the Petition for Transfer to Disability Status of Roger A. NURNBERGER, an Attorney at Law of the State of Minnesota. No. C9-91-252.Supreme Court of Minnesota. March 13, 1991. ORDER The Director of the Lawyers Professional Responsibility Board filed a petition for transfer to disability inactive status of respondent Roger A. Nurnberger with this […]

Michelle Johnson, et al., Appellants, v. State Farm Mutual Automobile Insurance Company, Respondent. No. C1-98-2276.Minnesota Court of Appeals. Filed June 1, 1999. SYLLABUS The statute of limitations on an underinsured motorist (UIM) claim begins to run on the date of the accident causing injury, regardless of whether the underlying tort claim is settled or reduced […]

Orrin M. HAUGEN, et al., Appellants, Richard M. Smith, Plaintiff, v. Muriel V. PETERSON, Respondent. No. C8-85-2212.Minnesota Court of Appeals. July 1, 1986. Review Denied August 20, 1986. Review Granted September 25, 1986. Appeal from the District Court, Hennepin County, Charles A. Porter, Jr., J. Page 796 Syllabus by the Court 1. The restrictive covenants […]

118 N.W.2d 659 KATHERINE ELIZABETH PEARCE AND ANOTHER v. VILLAGE OF EDINA. No. 38,464.Supreme Court of Minnesota. October 5, 1962. Zoning — ordinance — validity — requirements. 1. Municipal zoning ordinances affecting interests in real property must be in interests of public health, safety, or welfare. Where they bear no relationship to such interests; where […]

235 N.W.2d 381 STATE v. HENRY LUCIUS MIMS. No. 44795.Supreme Court of Minnesota. November 7, 1975. Criminal law — trial — communication by judge to jury during deliberations — when reversible error. In a criminal case, any communication relating to the case occurring during the trial judge’s uninvited entry into the jury room during deliberations […]

Michael BOLEN, et al., Respondents, v. Todd GLASS, Appellant, City of Duluth, Respondent. Nos. A06-1422, A06-1440.Supreme Court of Minnesota. August 14, 2008. Appeal from the District Court, St. Louis County, John T. Oswald, J. SYLLABUS 1. The City of Duluth had the authority to issue a permit providing for the Page 2 construction of private […]

Gail J. CLARK, et al., Petitioners, v. Harold MONNENS, Respondent. No. C9-89-252.Minnesota Court of Appeals. March 21, 1989. Appeal from the District Court, Scott County, Richard J. Menke, J. Syllabus by the Court There is no compelling reason to grant discretionary review of discovery order for independent mental examination. James Wicka, Messerli Kramer, Minneapolis, for […]

21 N.W.2d 94 SOPHIE SAARI v. DUNWOODY IRON MINING COMPANY.[1] No. 34,080.Supreme Court of Minnesota. December 21, 1945. [1] Reported in 21 N.W.2d 94. Workmen’s compensation — proceeding for compensation — review — findings of industrial commission — conflicts in medical testimony. 1. Where evidence is in conflict, findings of industrial commission reasonably supported by […]

Mary Jane HEISLER, Relator, v. B. DALTON BOOKSELLER, Department of Economic Security, Respondents. No. C6-84-2148.Minnesota Court of Appeals. May 28, 1985. Syllabus by the Court Relator voluntarily terminated her employment without good cause attributable to her employer and is, therefore, disqualified from the receipt of unemployment compensation benefits pursuant to Minn.Stat. § 268.09, subd. 1(1). […]

216 N.W.2d 144 M. W. VANDEPUTTE v. ROLLIN J. SODERHOLM AND OTHERS. Nos. 44140, 44141, 44142, 44143, 44144.Supreme Court of Minnesota. March 15, 1974. Fraud — misrepresentation required. 1. To assert fraud in the inducement as a defense to an action on a promissory note, the defendant must show that plaintiff made a false representation […]

Richard GROTJOHN, Relator, v. CORNBELT FOODS, INC., Department of Economic Security, Respondents. No. C4-85-280.Minnesota Court of Appeals. June 25, 1985. Page 49 Syllabus by the Court Relator Richard Grotjohn was involuntarily discharged for reasons other than misconduct. The decision of the Commissioner of Economic Security is reversed and the decision of the Department hearing examiner […]

STATE of Minnesota, Respondent, v. Rocky Lavell BOYD, Appellant. No. C3-86-2113.Minnesota Court of Appeals. August 18, 1987. Appeal from the District Court, Hennepin County, Stanley Kane, J. Page 446 Syllabus by the Court 1. The trial court’s aiding and abetting jury instructions were proper and adequately informed the jury of the elements of the offense. […]

Brian G. BARAGAR, Relator, v. JORDAN TRANSFORMER, L.L.C., and Western National Mutual Insurance Company, Respondents. No. A11-0929.Supreme Court of Minnesota. August 29, 2011. Kirsten M. Tate, Osterbauer Law Firm, Minneapolis, Minnesota, for relator. Ronald M. Stark, Jr., Minneapolis, Minnesota, for respondents. Considered and decided by the court without oral argument. ORDER Based upon all the […]

104 N.W.2d 411 GOVERNMENTAL RESEARCH BUREAU, INC. v. ST. LOUIS COUNTY AND OTHERS. No. 38,081.Supreme Court of Minnesota. July 1, 1960. Taxation — tax levy — determining limitation on — applicability of statute permitting use of total assessed valuation of county. 1. The phrase used in that part of L. 1933, c. 359, as amended […]

Jack Robert GERSON, Relator, v. COMMISSIONER OF ECONOMIC SECURITY, Respondent. No. C5-83-1174.Minnesota Court of Appeals. December 7, 1983. Page 354 Jack Robert Gerson, pro se. Hubert H. Humphrey, Atty. Gen., Paul N. Heckt, Sp. Asst. Atty. Gen., St. Paul, for respondent. Considered and decided by PARKER, P.J., and WOZNIAK and LANSING, JJ., with oral argument […]

STATE of Minnesota, Respondent, v. John Samuel JOLLEY, Appellant. No. C9-92-1573.Supreme Court of Minnesota. November 24, 1993. Appeal from the District Court, Hennepin County, David Duffy, J. Syllabus by the Court Trial court, in instructing jury on defense of mental illness, may appropriately give CRIMJIG 6.02 and need not give a specific instruction informing jury […]

3 N.W.2d 430 C. H. BOLSTA, RECEIVER, FIRST STATE BANK OF CORRELL, v. OTTO BREMER.[1] No. 33,105.Supreme Court of Minnesota. April 10, 1942. [1] Reported in 3 N.W.2d 430. Bank and banking — action against stockholder — determination of issue of liability — res judicata. In an action by the receiver of a bank for […]

CITY OF CHISAGO CITY, Respondent, v. Vernon E. POULTER, et al., Appellants. No. C8-83-1248.Minnesota Court of Appeals. January 11, 1984. Appeal from the District Court, Chisago County, Edward Coleman, J. Syllabus by the Court Failure of an aggrieved property owner to submit written objections to a proposed assessment before or at city’s special Page 168 […]

STATE of Minnesota, Petitioner, Appellant, v. Gary Curtis FULLER, Respondent. No. C3-83-2002.Supreme Court of Minnesota. October 11, 1985. Appeal from the Court of Appeals. Page 723 Syllabus by the Court Double jeopardy clause of Minnesota Constitution does not bar retail of criminal defendant who requested and obtained mistrial following unintentional — at worst, negligent — […]

5 N.W.2d 396 IN RE DISBARMENT OF LEONARD L. SUTTON.[1] No. 33,148.Supreme Court of Minnesota. July 17, 1942. [1] Reported in 5 N.W.2d 396. Disbarment of attorney. Proceeding for the disbarment of Leonard L. Sutton as an attorney at law. Attorney disbarred. Philip Neville, for State Board of Law Examiners. Arthur T. Nelson, for respondent. […]

187 N.W.2d 627 WAYNE R. WALLIN v. JUDITH M. WALLIN. ROYCE WALLIN AND ANOTHER, ADDITIONAL PARTIES DEFENDANT. No. 42488.Supreme Court of Minnesota. May 21, 1971. Divorce — custody of child — right of mother. 1. In a custody dispute the natural mother should not be deprived of custody of her minor daughter as against the […]

Marlene BAKKE, Appellant, v. Arlan BAKKE, Respondent. No. C4-84-110.Minnesota Court of Appeals. July 10, 1984. Appeal from the County Court, Morrison County, George P. Wetzel, J. Syllabus by the Court 1. The trial court erred in deviating downward from the child support guidelines on the ground that the father’s expenses exceeded his income where those […]

C. R. INVESTMENTS, INC., Petitioner, Appellant, v. VILLAGE OF SHOREVIEW, Respondent. No. 50514.Supreme Court of Minnesota. March 13, 1981. Appeal from the District Court, Ramsey County, Ronald E. Hackey, J. Page 321 Syllabus by the Court The denial of a special use permit was arbitrary when some of the reasons given for the denial were […]

Michael E. WOJCIAK, Respondent, v. NORTHERN PACKAGE CORPORATION, Defendant and third party Plaintiff, Respondent, and National Surety Corporation, et al., third party Defendants, Appellants. No. 81-181.Supreme Court of Minnesota. October 9, 1981. Appeal from the District Court, Hennepin County, Neil Riley, J. Page 676 Syllabus by the Court Defendant’s workers’ compensation and employers’ liability policy […]

OVERHOLT CROP INSURANCE SERVICE COMPANY, INC., Respondent, v. Scott L. BREDESON, Appellant. No. C5-88-1761.Minnesota Court of Appeals. March 28, 1989. Appeal from the District Court, Hennepin County, Franklin J. Knoll, J. Page 699 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 700 […]

Carl BOWMAN, Lower Court Petitioner, v. Brenda BOWMAN, Respondent, Frank Bowman, Appellant. No. C9-92-388.Minnesota Court of Appeals. December 8, 1992. Appeal from the District Court, Koochiching County, Peter Hemstad, J. Page 142 Syllabus by the Court 1. A nonparty witness who is required to give testimony or produce documents must be reasonably compensated for the […]

125 N.W.2d 603 FRANK TREPANIER v. DR. M. J. McKENNA AND OTHERS. ITASCA MEMORIAL HOSPITAL, APPELLANT. No. 38,712.Supreme Court of Minnesota. December 27, 1963. Hospitals — care required — extent of duty. Where a hospital patient suffered injury by falling from a portable commode after he was placed thereon and left unattended, question whether precautions […]

241 N.W.2d 101 STATE v. SCOTT WILLIAM NACE. No. 45443.Supreme Court of Minnesota. April 9, 1976. Criminal law — guilty plea — acceptance — failure to determine knowledge of defenses — factual basis. Appeal by Scott William Nace from a judgment of the St. Louis County District Court, Patrick D. O’Brien, Judge, whereby he was […]

Norbert J. MOES, Relator, v. CITY OF ST. PAUL, Self-Insured, Respondent, and Blue Cross Blue Shield of Minnesota, intervenor, Relator. No. CO-86-1582.Supreme Court of Minnesota. March 20, 1987. Appeal from the Worker’s Compensation Court of Appeals. Page 521 Syllabus by the Court 1. Compensation judge did not commit prejudicial error by considering additional report by […]

State of Minnesota, Appellant, vs. Nikia Kylene Balenger, Respondent. No. C8-02-2152.Minnesota Court of Appeals. Filed August 4, 2003. Appeal from the Hennepin County District Court, File No. 02070504. Page 134 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 135 SYLLABUS I. An […]

Steven KRANSTOVER, Relator, v. BERGEN’S GREENHOUSE, Commissioner of Jobs and Training, Respondents. No. C6-86-2042.Minnesota Court of Appeals. April 21, 1987. Syllabus by the Court Where an employee claims good cause to refuse a reemployment offer, for reasons having to do with working conditions, we must defer to the Commissioner’s findings characterizing the working conditions. Charles […]

122 N.W.2d 165 STATE EX REL. VERNON C. O’NEILL v. RALPH H. TAHASH.[*] No. 38,960.Supreme Court of Minnesota. May 17, 1963. [*] Certiorari denied, 375 U.S. ___, 84 S.Ct. 166, 11 L. ed. 2d 118. Criminal law — increased sentence — sufficiency of information charging prior out-of-state conviction. Information filed pursuant to Minn. St. 610.31 […]

Tammara Stimpert Schons, et al., petitioners, Appellants, vs. State Farm Mutual Automobile Insurance Company, Respondent. No. C6-99-1246.Supreme Court of Minnesota. Filed: February 8, 2001. Appeal from the District Court, Lyon County, George A. Marshall, J. Page 744 SYLLABUS Under Minn. Stat. § 65B.49, subds. 3a(5) and 4a (2000), a passenger injured in an accident involving […]

STATE of Minnesota, Respondent, v. Michael DOUGLAS, Appellant. No. C9-92-1458.Minnesota Court of Appeals. June 22, 1993. Review Denied August 16, 1993. Appeal from the District Court, Blue Earth County, John R. Moonan, J. Page 695 Syllabus by the Court 1. On these facts, the defendant’s confession was not coerced by a police officer’s indication during […]

Rickford Rehmann MUNGER, petitioner, Appellant, v. STATE of Minnesota, Respondent. No. A06-1563.Minnesota Court of Appeals. August 28, 2007. Appeal from the District Court, Olmsted County. Page 605 Syllabus by the Court Under Minn.Stat. § 609.582, subd. 1(a) (2004), the state must show as an element of the offense of first-degree burglary that a defendant entered […]

224 N.W.2d 741 NORTH CENTRAL PUBLIC SERVICE CO. v. VILLAGE OF CIRCLE PINES AND OTHERS. VILLAGE OF LINO LAKES v. SAME. No. 44049.Supreme Court of Minnesota. November 1, 1974. Injunction — summary judgment prohibiting franchisee from selling natural gas without consent of franchisor — propriety. 1. The trial court did not err in granting summary […]

Barbara G. KLETSCHKA, Appellant, v. ABBOTT-NORTHWESTERN HOSPITAL, INC., Respondent. No. C3-87-1571.Minnesota Court of Appeals. January 19, 1988. Review Denied March 30, 1988. Appeal from the District Court, Hennepin County, Robert E. Bowen, J. Page 753 Syllabus by the Court 1. In order to successfully oppose summary judgment, the plaintiff in a reprisal action must come […]

Kmart Corporation, Relator, vs. County of Douglas, Respondent. No. C5-00-2122.Supreme Court of Minnesota. Filed: February 28, 2002. Appeal from the Minnesota Tax Court, Raymond R. Krause, J. SYLLABUS The tax court did not err in dismissing relator’s chapter 278 petition for failure to provide certain information on income-producing property required by Minn. Stat. Page 864 […]

136 N.W.2d 601 STATE v. ERNEST LEE JORDAN. No. 39,701.Supreme Court of Minnesota. July 30, 1965. Criminal law — trial — submission of included crimes. 1. There are five principles which apply with respect to the submission of included crimes for consideration by the jury: (a) A person prosecuted for a crime may be convicted […]

Mark Joseph STEFANO, Petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent. No. C0-84-749.Minnesota Court of Appeals. November 6, 1984. Appeal from the Municipal Court, Ramsey County, John J. Kirby, J. Page 84 Syllabus by the Court Denial of consultation with his parent did not constitute reasonable grounds for a minor’s refusal to take a blood […]

220 N.W.2d 486 STATE v. STEVEN JOSEPH PRESLEY. STATE v. BILLY JOE BRADFORD. Nos. 44244, 44245.Supreme Court of Minnesota. July 26, 1974. Criminal law — convictions of aggravated assault — credibility of evidence — propriety of evidentiary rulings. Appeals by Steven Joseph Presley and Billy Joe Bradford from judgments of the Sherburne County District Court, […]

211 N.W.2d 516 STATE, BY ITS ATTORNEY GENERAL, WARREN SPANNAUS v. WILLIAM J. SCHNEIDER AND OTHERS. No. 43837.Supreme Court of Minnesota. September 28, 1973. Highway traffic regulation — traffic and motor vehicle law violations — prosecutions in county court — deduction of costs from state’s share of fines. Action in the Ramsey County District Court […]

In the Matter of the WELFARE OF S.R.A. No. CX-94-1781.Minnesota Court of Appeals. February 7, 1995. Review Denied March 29, 1995. Appeal from the District Court, Hennepin County, Harold Kalina, J. Page 836 Syllabus by the Court 1. A parent who neither visits nor inquires about his child, who has been unable to conquer his […]

STATE of Minnesota, Respondent, v. Andrew ELLIS, Appellant. No. C0-90-2512.Minnesota Court of Appeals. October 22, 1991. Review Denied December 13, 1991. Appeal from the District Court, Hennepin County, Dolores Orey, J. Page 663 Syllabus by the Court 1. Minneapolis, Minn., Code of Ordinances §§ 244.500 and 244.530, which require property owners to keep their dwellings […]

In the Matter of the Welfare of G. S. J. No. 49236.Supreme Court of Minnesota. July 13, 1979. Appeal from the District Court, Hennepin County, Susanne C. Sedwick, J. Page 512 Syllabus by the Court Pursuant to statute, a juvenile has an informal right of cross-examination during the dispositional stage of the juvenile court proceeding. […]