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| Sarvey v. Sarvey, A06-1525,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: District court did not clearly err in finding that former husband was not entitled to portion of proceeds from former wife's sale of personal property under Minn. Stat. § 518.58, subd. 1a, because the wife's testimony and evidence supported a finding that the sale was for necessities such as bill payments and clothing for children.
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| Bender v. Bender, A06-1072,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Without evidence of mother's net income in 2002 and 2004 and father's current income, trial court could not have fairly recalculated his new obligation or her net child support obligation. Thus, trial court properly declined his motion to modify child support simply based on increases in net-income limit, former Minn. Stat. §§ 518.551, 518.64.
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| C.P.C. v. R.V.L. (In re Welfare of Child of C.P.C.), A06-2470,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Termination of a father's parental rights was proper as his conduct met the presumption of abandonment under Minn. Stat. § 260C.301, subd. 2(a)(1) where, both before and during his incarceration, he failed to maintain contact with the child, he continued to make no effort to contact the child, and made little effort to arrange for parenting time.
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| Flynn v. Comm'r of Pub. Safety, A06-1136,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Even though defendant's confinement in the patrol car during routine traffic stop violated his rights under Minn. Const. art. I, § 10, the district court did not abuse its discretion in determining that the trooper's observations should not be suppressed because the trooper's observations did not constitute "property" under Minn. Stat. § 626.21.
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| Gagliardi v. Ortho-Midwest, Inc., A06-1318,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: The dismissal of an employee's sexual-harassment claims against the employer's sole owner was improper under the Minnesota Human Rights Act, Minn. Stat. § 363A.01 et seq., because the alleged facts indicated that he showed the employee sexually provocative photographs and, without invitation, placed his head in the employee's lap.
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| Greene v. Comm'r of the Minn. Dep't of Human Servs., A06-804,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: In an Indian mother's challenge to Minn. Stat. § 256J.645, subd. 4 when she sanctioned for not complying with certain employment requirements, as the classifications under the statute were political rather than racial, a rational basis standard of review applied, and the statute supported a legitimate state interest of promoting tribal sovereignty.
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| Herman v. Stielow Props., A06-1118,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Denial of motion to compel arbitration was reversed because the claimant later ratified the improperly executed management agreement containing the arbitration clause through his conduct, and had waived his right to challenge the enforceability of the arbitration clause.
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| In re Civil Commitment of Nelson, A06-2299,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Commitment as a sexually dangerous person was affirmed because the independent examiner testified that psychological testing conducted after the initial commitment indicated that the primary avoidant characteristics that had typified the petitioner's behavior for years were still there.
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| In re Custody & Visitation of A.P., A06-1197,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Grandmother sought visitation or custody of grandchildren, pursuant to Minn. Stat. §§ 257C.01; however, trial court erred in ruling grandmother's alternate request for visitation was barred for res judicata because important rights and interests were at stake.
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| In re Relocation Benefits by Mistelske, A06-1429,
COURT OF APPEALS OF MINNESOTA, June 19, 2007, Filed
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Overview: Issue of storage costs was remanded for an explanation of the award or for adjustment of the award, because the decision of the hearing officer did not explain why it was reasonable to allow an owner only 23 days to move his property from the storage site to the replacement site, pursuant to the acquisition of the property by eminent domain.
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