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   State Courts - Minnesota - June 5, 2007

  
Arkell v. Wieber, A06-1008, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Child-support magistrate (CSM) did not abuse its discretion when modifying a father's child-support obligation under former Minn. Stat. § 518.551 as the father failed to rebut the presumption that the existing award was unreasonable and unfair, and failed to show that the CSM did not consider the father's subsequent children.

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Bakken v. County of Cass, A06-1216, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: County Board of Adjustment properly granted a variance under Minn. Stat. § 394.27 to the landowners' neighbors to enclose a porch that was located less than 10 feet from the landowners' property as the addition to the neighbors' home was entirely reasonable and wholly consistent with the character of the surrounding area and properties.

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Cardinal v. Cardinal, A06-1307, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Inter alia, trial court did not err in issuing order of protection pursuant to Minnesota Domestic Abuse Act, Minn. Stat. § 518B.01 because it found that the husband engaged in domestic abuse only after it received evidence and argument from the parties concerning disputed abuse accusations and court was in best position to weigh wife's testimony.

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Carlson v. SALA Architects, Inc., A06-691, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Because no fiduciary relationship existed between architect and client, and whether facts of instant case gave rise to such relationship was not issue for resolution by summary judgment, court erred in granting summary judgment to clients and there were genuine questions of fact on issue of whether firm held out the project "architect" as licensed.

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Clean Water Action Alliance of Minn. v. Minn. Pollution Control Agency, A06-1054, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Summary judgment in favor of the Minnesota Pollution Control Agency (MPAC) was affirmed because substantial evidence supported the MPCA's decision not to require further environmental study of the proposed dairy expansion project through an environmental impact statement.

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Foster v. State, A06-890, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Denial of petitioner's third petition for postconviction relief was affirmed; petitioner's claim of ineffective assistance of postconviction counsel was meritless, as postconviction counsel conducted a thorough investigation into petitioner's claims against his trial counsel, introduced alibi witnesses, and got petitioner's sentence reduced.

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Grimes v. Grimes, A06-1047, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: In dissolution proceeding, wife argued that district court abused its discretion in awarding insufficient temporary maintenance; however, district court properly applied factors in Minn. Stat. § 518.552, subd. 2 because district court considered, inter alia, wife's current earning capacity and wife's future plans to become self-supporting.

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Hanson v. Stodolka, A06-1412, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: From a state trooper's tort action against a driver for injuries sustained in a car accident, which ended in a settlement, the amount of paid workers' compensation benefits that were recoverable by the State under Minn. Stat. § 176.061, subd. 6 were properly determined because one of the trooper's surgeries was not causally related to the accident.

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Harding v. Pederson, A06-837, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: In a property owner's declaratory-judgment action against other landowners seeking a declaration that the description of the easement in his deed was accurate, while the trial court properly admitted extrinsic evidence to construe the ambiguous easement, its construction of the easement was in error as it was not supported by the text of the grant.

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Holtan v. Duffy, A06-900, COURT OF APPEALS OF MINNESOTA, June 5, 2007, Filed
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Overview: Summary judgment in favor of a client's lawyer in the client's legal malpractice action was proper as the client commenced his action (based on his lawyer's failure to object to the guardian's ex parte communications with the trial court in a child custody proceeding) after the statute of limitations under Minn. Stat. § 541.05, subd. 1(5) expired.

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