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   State Courts - Minnesota - November 13, 2007

  
Angela Star Zoerink v. Comm'r of Human Servs., A06-2158, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: Disqualification from working in positions allowing direct contact with children, youth, and individuals receiving services from certain State licensed and unlicensed facilities was affirmed because the employee's permanent disqualification based on the involuntary termination of her parental rights was dispositive.

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Carda v. Kanabec County, A06-2300, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: Property owner's request for mandamus relief was denied as the county's letter to the owner stating that it could not accept a replacement plan application for his wetland due to an existing violation gave the owner a decision and provided him with its reason for rejecting his application, and was a denial for purposes of Minn. Stat. § 15.99.

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Cash-N-Pawn of Minn., Ltd. v. City of St. Paul, A06-2043, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: City's increase in the fee imposed on pawnshop transactions was affirmed because the city showed that the increased transaction fee was directly related to the increasing costs associated with the computerized system developed by the city to electronically record all pawnshop transactions.

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Clark v. Peterson, A06-2006, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: In a civil damages action, business owner violated compact-and-contiguous building requirement in Minn. Stat. § 340A.410 because business owner sold alcohol out of an adjacent building to the bar, giving rise to liability under the Minnesota Civil Damages Act, Minn. Stat. § 340A.801.

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DRJ, Inc. v. City of St. Paul, A07-1599, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: After the city council revoked a bar's operating licenses, the council properly denied the bar's motion for a stay pending appeal under Minn. R. Civ. App. P. 108.01 as the bar's history of violating existing conditions made compliance unlikely and continued operation of the bar posed a danger to public health and safety.

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Dalton v. Highway 18 Collision Ctr., Inc., A06-2143, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: Decision disqualifying an employee from receiving unemployment benefits was upheld because the employee was discharged for employment misconduct; the employee made disparaging comments about the owners of his employer, he encouraged a fellow employee's job search, he gave an unwarranted discount on a bill, and he failed to call back customers.

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Hecimovich v. State, A06-2046, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: Postconviction court properly denied a petitioner's request to withdraw his guilty plea to making terroristic threats under Minn. R. Crim. P. 15.05, subd. 1 because, even though his not receiving his mental health medication caused him undue discomfort and anxiety, his plea was knowing, voluntary, and intelligent.

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In re Conservatorship of Wallace, A06-2162, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: District court properly appointed a professional fiduciary corporation as conservator for the estate of appellant's longtime companion, where record supported district court's findings that the companion needed a conservator and that the corporation was the most suitable and best qualified among those available and willing to serve as conservator.

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In re Welfare of Child of S.H., A07-808, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: Mother's parental rights were properly terminated under Minn. Stat. § 260C.301, subd. 1(b)(2) because she had two separate case plans and failed to comply with either, she used inappropriate physical discipline on her son and exposed him to domestic violence, and she did not cooperate with service providers.

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Land v. Skagen, A07-562, COURT OF APPEALS OF MINNESOTA, November 13, 2007, Filed
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Overview: Order awarding sole legal and physical custody of a child to maternal aunt and uncle as de facto custodians under Minn. Stat. § 257C.01, subd. 2(a) was upheld because except for some intermittent child care, aunt and uncle provided near complete caretaker functions for child since birth; biological parents' involvement in child's life was sporadic.

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