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   State Courts - Minnesota - April 4 - April 10, 2006

  
In re Civil Commitment of Stone, A05-2043, COURT OF APPEALS OF MINNESOTA, April 4, 2006, Filed
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Overview: Court erred by denying the State's petition for commitment of defendant as a sexually dangerous person, under Minn. Stat. § 253B.02, where experts relied on evidence of defendant's repeated contact with young girls in violation of his probation and a restraining order, the vulnerability of the girls, and the continuation of that conduct.

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In re Collier, A05-1178, COURT OF APPEALS OF MINNESOTA, April 4, 2006, Filed
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Overview: The landowner's knowledge of the bank's unregistered mortgage was not actual notice of an encumbrance or interest that was inconsistent with his interest; therefore, the landowner was a good faith purchaser pursuant to Minn. Stat. § 508.54, and his registered interest was superior to the bank's unregistered interest.

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Johnson v. Fabian, A05-2498, COURT OF APPEALS OF MINNESOTA, April 4, 2006, Filed
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Overview: Inmate's Fifth Amendment rights were violated when his prison stay was extended based on a refusal to participate in a sex-offender program where admission of an offense on appeal was required; however, his rights were not violated by the extension of his sentence due to lack of participation in another program where no such admission was required.

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Minn. Ctr. for Envtl. Advocacy v. City of St. Paul Park, A05-1029, COURT OF APPEALS OF MINNESOTA, April 4, 2006, Filed
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Overview: Summary judgment was properly awarded to city and property owner in action by the Minnesota Center for Environmental Advocacy (MCEA) challenging alternative urban areawide review (AUAR) where MCEA ignored the entire mitigation plan contained in AUAR, including specific mitigation measures concerning fish, wildlife, and ecologically sensitive areas.

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State ex rel. Swan Lake Area Wildlife Ass'n v. Nicollet County Bd. of County Comm'rs, A05-1001, COURT OF APPEALS OF MINNESOTA, April 4, 2006, Filed
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Overview: Pursuant to Minn. Stat. § 116B.12, the district court had subject matter jurisdiction over the wildlife association's claim under the Minnesota Environmental Rights Act, Minn. Stat. § 116B.01 et seq., even where the claim involved drainage and could have been asserted pursuant to the processes set out in Minn. Stat. §§ 103E.055-.812.

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Wenigar v. Johnson, A05-158, A05-473, COURT OF APPEALS OF MINNESOTA, April 4, 2006, Filed
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Overview: Trial court erred in finding employer liable for wage violations under federal and state Fair Labor Standards Act (FLSA), which had exceptions for employees engaged in agriculture, but cause of action did exist under Minnesota Human Rights Act for a hostile work environment caused by employer's discrimination based on employee's mental disability.

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In re Knutson, A05-808, SUPREME COURT OF MINNESOTA, April 6, 2006, Filed
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Overview: An attorney was suspended from the practice of law for a minimum of 18 months where he took money from two bankruptcy clients, neglected their matters, and left them to attempt to navigate the difficulties of bankruptcy proceedings alone. The attorney's lack of a previous disciplinary record was insufficient to overcome his numerous violations.

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In re Wentzel, A05-846, SUPREME COURT OF MINNESOTA, April 6, 2006, Filed
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Overview: Attorney was disbarred because the attorney misused client funds and the severity of the attorney's misconduct was aggravated by the fact that it lasted over two years, involved 30 instances of misappropriation, and caused a trust account shortage of nearly $ 88,000.

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Jerry's Enters. v. Larkin, Hoffman, Daly & Lindgren, Ltd., A04-0188, SUPREME COURT OF MINNESOTA, April 6, 2006, Filed
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Overview: Because questions of fact existed regarding whether a law firm's representation fell below the standard of care and whether its allegedly negligent conduct was the "but for" cause of a client's alleged injuries, the court of appeals' decision reversing a directed verdict in favor of the law firm and two of its shareholders was affirmed.

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In re Anderson, A05-1473, SUPREME COURT OF MINNESOTA, April 10, 2006, Decided
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