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| In re County of Otter Tail Bd. of Adjustment, A06-1696,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Denial of appellant property owners' application for an after-the-fact variance for a structure setback was not arbitrary and capricious, where the property owners had failed to properly stake their property lines (which was their responsibility as landowners) and the property owners had not shown a hardship unique to the land.
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| In re Estate of Young, A06-2071,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Summary judgment disallowing part of a handwritten addendum to the decedent will was affirmed because the handwritten addendum was signed by the decedent, but it was not signed by at least two witnesses, thus, the handwritten addendum did not satisfy the witness-attestation requirement under Minn. Stat. § 524.2-502.
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| In re Marriage of Foster, A06-1321,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Trial court's extension of spousal maintenance under the terms of their stipulation was proper as she was currently enrolled in a doctoral program and had completed her course work quickly and in a satisfactory manner, and such a modification of maintenance through a stipulation was allowed under Minn. Stat. § 518.552, subd. 5.
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| In re Welfare of Child of V.D., A06-2270,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Order terminating mother's parental rights under Minn. Stat. § 260C.301 was upheld because she was palpably unfit based upon her pattern of going through chemical-dependency treatment and then relapsing; chemical-health evaluations and a discharge summary were properly admitted under the business-records exception of Minn. R. Evid. 802 and 803(6).
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| Johnson v. State, A06-1102,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Where an inmate pled guilty to two charges of aggravated robbery and received an aggregate sentence of 128 months pursuant to the plea agreement, it was permissible to reduce an erroneous sentence on one charge but to increase the sentence on the other charge to comply with the plea agreement because the total sentence remained unchanged.
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| Kennecott Exploration Co. v. Aitkin County Planning Comm'n., A06-1078,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Denial of applicants' application for a conditional-use permit (CUP) was reversed and remanded because the denial was inconsistent with the state's statutorily articulated policy favoring mineral mining, and the record did not support the denial of the permit (the commissioners' remarks were general, conclusory, and marked by confusion).
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| Ketola v. EMPI Corp., A06-1273,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Where relator worked as a salesperson, her supervisor learned that she was failing to meet daily sales quota and not timely billing clients; the ULJ did not err in determining that relator was discharged for employment misconduct under Minn. Stat. § 268.095, subd. 6(a) and that she was disqualified from receiving unemployment benefits.
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| Min-Kota Sales, Inc. v. Lambert, A06-1519,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Determination that the company leased the forklift from the former company employee was not clearly erroneous and the district court properly concluded that the company was not entitled to replevin of the forklift, because there was evidence that the company leased the forklift, and credibility determinations were the province of the fact-finder.
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| Morin v. Motherwell Corp., A06-1434,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Summary judgment was reversed and remanded because the issue of whose duty it was to maintain and repair the stairs was a jury issue, when it was not clear under the lease as a matter of law that the steps were within the scope of the landlord's responsibilities, and the landlord asserted that the employer maintained the entire building.
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| Reber v. J-Berd Mech. Contrs., Inc., A06-1262,
COURT OF APPEALS OF MINNESOTA, July 3, 2007, Filed
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Overview: Denial of unemployment benefits was affirmed because the employee was discharged for misconduct, when the employee's use of alcohol violated the terms of his probation, resulting in the revocation of his driver's license, which was negligent or indifferent conduct displaying a lack of concern for his employment.
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