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   State Courts - Minnesota - July 17, 2007

  
Jundt v. Jundt, A06-1573, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In a dissolution action, there was no abuse of discretion in ordering the wife to pay half of the wine-storage fees because district court's order that the parties share equally in both the wine and the costs associated with the wine before division was consistent with previous order that the wine collection be divided equally between the parties.

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Kuehl v. Metro. Airports Comm'n, A06-1658, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In an airline employee's slip and fall action, denial of the airports commission's motion for summary judgment was improper as the commission was entitled to immunity under the mere-slipperiness rule, and there were no genuine issues of material fact regarding the condition of the parking-ramp surface where the employee fell.

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Mower County v. Heimer, A06-1345, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Order granting the county title and possession of the landowners' property under Minn. Stat. § 117.042, was affirmed because the district court's finding that a bicycle trail should be deemed a public purpose was not clearly erroneous, and the finding that the taking was reasonably necessary to further a public purpose was not clearly erroneous.

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Muafong v. Minn. Masonic Home - N. Ridge Care Ctr., A06-899, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In an employee's suit against his employer after he was fired for insubordination and an ongoing failure to follow directions and policy, dismissal of the employee's retaliatory discharge claim under Minn. Stat. § 363A.08 was proper as he failed to show that he engaged in statutorily protected activity and that this activity caused his termination.

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Neloms v. City of St. Paul, A06-1191, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Disqualification from receiving unemployment benefits was affirmed because the claimant's disappointment with his prospects for career advancement, although arguably a good personal reason to quit, did not equate to a good reason to quit caused by the employer.

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Quern v. Wells Fargo Bank NA, A06-1576, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Disqualification from receiving unemployment benefits for employment misconduct under Minn. Stat. § 268.095, was affirmed because the employer had a right to reasonably expect that its employees would not be insubordinate and would follow all policies and procedures.

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Rawlings v. Wash. County Hous. & Redevelopment Auth., A06-1257, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: As 24 C.F.R. § 982.552 did not require the hearing officer to consider the factors outlined in that section, as the evidence offered to establish mitigating circumstances was limited, and as evidence of the tenant's failure to report her boyfriend's income was substantial, the officer's decision to terminate her voucher program benefits was proper.

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Rebischke v. Metro. Sports Facilities Comm'n, A06-1605, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: In a baseball fan's suit against the Metropolitan Sports Facilities Commission alleging negligence and failure to warn for injuries she sustained while leaving the stadium after a baseball game, as genuine issues of material fact existed as to the nature of the operating technician's conduct, summary judgment on this issue was properly denied.

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Schmidt v. County of Douglas, A06-2055, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: Douglas County Board of Adjustment did not err by denying homeowners' variance application to build a garage that did not comply with Douglas County, Minn., Zoning Ordinance § III.C.b.4. The district court erred in determining that the homeowners' equal protection rights were violated by the approval of neighboring variances several years earlier.

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State v. Cox, A06-555, COURT OF APPEALS OF MINNESOTA, July 17, 2007, Filed
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Overview: An aggravated durational departure after defendant had been convicted of second-degree assault was proper under Minn. Sentencing Guidelines II.D. due to the nature of the assault occurring as it did between the son's mother and father, as well as the proximity of the boy, and the fact that it took place in the mother's zone of privacy.

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