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| Ampe v. Lutgen, A06-1428,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: While a deed and the parties' easement agreement relied on a legal boundary line between their properties, application of boundary by practical location was proper as the language of the easement agreement and the parties' other conduct showed they were not aware of the legal boundary line and that they agreed to a common boundary line.
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| Bruner v. Wal-Mart Assocs., A06-1367,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Because evidence regarding employee's mental condition was likely to change outcome of decision and unemployment law judge (ULJ) did not develop record as to that condition, ULJ abused her discretion by refusing to conduct additional evidentiary hearing into whether employee was discharged for misconduct under Minn. Stat. § 295.095, subd. 6(a).
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| Cumming v. Taylor Corp., A06-1260,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: After being warned of poor job performance, relator chose to resign in order to secure a good reference when work was still available to him. The unemployment law judge properly determined that relator was disqualified from receiving unemployment benefits under Minn. Stat. § 268.095, subd. 1, because he quit voluntarily.
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| Davis v. City of Minneapolis, A06-1114,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In a citizen's action alleging the City violated his statutory right to public information under Minn. Stat. § 13.03, summary judgment in the City's favor based on the citizen's failure to show that he was aggrieved was proper as the citizen did not show that the City had documents regarding a new city employee that it had not already disclosed.
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| First Nat'l Realty of Eagan, Inc. v. Minn. FAIR Plan, A06-1754,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In a building owner's suit against the Minnesota FAIR Plan for fire damage claims after two fires, summary judgment in favor of the owner granting it the full amount of his second claim for the policy limits was improper as there were fact issues with respect to the value of the property before the second fire and the damage caused by that fire.
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| Henderson v. Dep't of Corr., A06-1326,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In an inmate's action challenging the Department of Corrections' policy prohibiting inmate-to-inmate property transfers, summary judgment in favor of the Department was proper as the policy had a reasonable relation to the Department's valid interests in maintaining prison security and did not infringe upon the inmate's U.S. Const. amend. I rights.
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| In re Estate of Borg, A06-1037,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Trial court properly denied the County's claim against the decedent's estate seeking to recover the medical-assistance benefits provided for the decedent's care as the only available asset in the estate was the homestead where the daughter lived and the homestead exemption in Minn. Stat. § 256B.15, subd. 4(b) precluded a claim.
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| In re Welfare of Children of R.M.B. & R.E.R., A07-18,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Two children were members of a tribe. District court did not err in transferring child protection proceeding to tribal court because child-in-need-of-protection-or-services (CHIPS) petition fell within definition of Indian Child Welfare Act (ICWA), 25 U.S.C.S. §§ 1901-1963 of foster-care placement proceeding.
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| In re Welfare of the Children of T.H., A06-2459,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Termination of an incarcerated father's parental rights under Minn. Stat. § 260C.301 was in his children's best interests as the father murdered their mother and was in prison without the possibility of parole for 30 years, he abandoned the children and was a palpably unfit parent, and he neglected the children, who were in foster care.
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| Johnson v. Menth, A06-1324,
COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In a shareholder's suit against the sellers (also shareholders) alleging breach of fiduciary duty and requesting equitable relief under Minn. Stat. § 302A.751, summary judgment in favor of the shareholder was improper as the parties' letter of intent to settle their claims was not binding where their actions showed that no final agreement was made.
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