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   State Courts - Minnesota - January 17, 2006

  
Ill. Farmers Ins. Co. v. Marvin, A05-874, COURT OF APPEALS OF MINNESOTA, January 17, 2006, Filed
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Overview: A finding that an individual was an "occupant" of a vehicle insured by the insurer was proper pursuant to Minn. Stat. § 65B.49, subd. 3a(5) where she was in the process of using the vehicle as a motor vehicle at the time of impact. The automobile directly contributed to her specific injuries and was more than a mere situs of the accident.

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In re PERA Police & Fire Plan Line of Duty Disability Benefits, A04-2407, SUPREME COURT OF MINNESOTA, January 17, 2006, Filed
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Liabo v. Wayzata Nissan, LLC, A05-497, COURT OF APPEALS OF MINNESOTA, January 17, 2006, Filed
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Overview: Court affirmed summary judgment in favor of car dealership in consumer's action alleging violations of Truth-in-Lending Act, 15 U.S.C.S. § 1638(a), and Minnesota Motor Vehicle Retail Installment Sales Act because the delivery sheet consumer signed at dealership was a binding contract but disclosures were not due until she signed further paperwork.

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Magnuson v. Cossette, A05-377, COURT OF APPEALS OF MINNESOTA, January 17, 2006, Filed
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Overview: RV park owner had no riparian rights to marina bay because physical landmarks prevailed over courses and distances and deed description referenced the landward side of seawall and did not extend into the water. Marina owners had an easement implied by necessity over RV park road but they did not meet 15 year use required for prescriptive easement.

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Northfield Care Ctr. v. Anderson, A04-2491, COURT OF APPEALS OF MINNESOTA, January 17, 2006, Filed
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Overview: In a dispute as to whether a nursing home resident's relative was liable for past due sums, relative was liable under Minn. Stat. § 144.6501, subd. 4(d) because he signed a contract as the responsible party, but a determination still needed to be made as to whether the resident's income had been misapplied.

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State v. Ahmed, A04-2240, COURT OF APPEALS OF MINNESOTA, January 17, 2006, Filed
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Overview: Defendant's rights under the Confrontation Clause were not violated when a witness testified as to the victim's statements identifying defendant as the driver of the other vehicle; statement was properly admitted under Minn. R. Evid. 803(2) and victim was unavailable. Defendant was not denied her right to a fair trial by prosecutorial misconduct.

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State v. Chauvin, A05-726, SUPREME COURT OF MINNESOTA, January 17, 2006, Filed
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State v. Hart, A05-2066, SUPREME COURT OF MINNESOTA, January 17, 2006, Decided , January 17, 2006, Filed
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State v. Houx, A05-1934, COURT OF APPEALS OF MINNESOTA, January 17, 2006, Filed
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Overview: Appellate court reversed the denial of defendant's motion for an alternative money-only bail setting after his arrest for felony DWI because under both Minn. R. Crim. P. 6.02, subd. 1 and Minn. Stat. § 169A.44, subd. 2(b) (2004), the trial court could provide the money-only alternative bail setting.

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Veit Co. v. Lake County, A04-1958, COURT OF APPEALS OF MINNESOTA, January 17, 2006, Filed
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Overview: Application to add blasting and quarrying to a conditional-use permit was approved by operation of law where a planning commission failed to comply with Minn. Stat. § 15.99, subd. 2(c) by not adopting written statement of reasons for denying the application and providing a written statement to the applicants at meeting where application was denied.

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