Minnesota Lawyer articles from May 2008

Minnesota Lawyer archives from May 2008

Minnesota Court of Appeals: State of Minnesota v James J. Schmidt.(methamphetamine)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Even though defendant directed Thibodeau to a friend's trailer home, where Thibodeau extracted methamphetamine from the ingredients found in Thibodeau's van, and defendant carried some things into the...

Minnesota Court of Appeals V. Nathaniel Black.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Even though the District Court erred by refusing to grant defendant's request that the jury be instructed about how the Spreigl evidence against him could be used, we conclude that the error was harmless...

Minnesota Court of Appeals: Minnesota v. Richardson.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Waiver of 'Miranda' Rights Where defendant invoked his right to silence; and the District Court found, after reviewing a videotape of the interview, that the officer responded by telling defendant to sit...

Minnesota Court of Appeals: Minnesota v. Gary Lee Johnson.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Even though the county jury commissioner acknowledged that she did not comply with the review/report requirement of Minn. R. Gen. Pract. 806(e), we conclude that the District Court did not err by denying...

Minnesota Court of Appeals: Minnesota v. Scott Dean Rodahl.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where defendant does not dispute his status as a career offender; defendant committed new offenses while on supervised release from prison on a separate felony conviction; and the District Court found that the...

Minnesota Court of Appeals: Minnesota v. Goulet.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Downward Dispositional Departure Where defendant's plea agreement permitted him to enter an Alford plea to unlawful possession of a firearm and to argue for a downward dispositional departure; and neither...

Minnesota Court of Appeals: Minnesota v. Alexander.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Instruction re: Motive Where defendant, who worked as a bank teller, cashed four money orders totaling $3,899.71 for her boyfriend over a two week period; and defendant's defense was that she lacked any...

Minnesota Tax Court: 2000 Levee Drive LLLP v. County of Scott.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Subsidized Senior Housing Where the property, located on .77 acres of land, is improved with a 66-unit senior apartment building, which is a Section 8 subsidized project and is in good condition; and...

Eighth U.S. Circuit Court of Appeals: Nolles v. State Committee for the Reorg. of School Districts.(right to vote)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff School District Merger; Right to Vote; Standing Where Nebraska voters challenged legislation providing for the merger of school districts, plaintiffs' due process claims must be dismissed for lack of...

Eighth US Circuit Ct. of Appeals: Students for Sensible Drug Policy Foundation, et. al. v. Spellings.(eligibility for financial aid)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Student Financial Aid; Eligibility; Illegal Drug Restriction Where students challenged a ban on eligibility for federal financial aid for students convicted of possession or distribution of drugs, the...

Eighth U.S. Circuit Court of Appeals: Zheng v. Mukasey.(United States)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Removal Proceedings; Motion to Reopen; Changed Conditions Where a native of China did not make an adequate showing of specific evidence of changed conditions relating to China's one-child policy that was...

Eighth U.S. Circuit Court of Appeals: U.S. v. Dorsey.(United States)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Prior Crimes; Defendant's Stipulation Where a defendant convicted of possession with intent to distribute heroin objected to the admission of evidence of his prior crimes, the holding in Old Chief v....

Eighth U.S. Circuit Court of Appeals: U.S. v. Hollow Horn.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Prior Sexual Misconduct Where a defendant convicted of abusive sexual contact objected to the admission of testimony from a woman who alleged that the defendant had raped her years earlier, the District...

Eighth U.S. Circuit Court of Appeals: U.S. v. Aguilera.
May 5, 2008... Byline: Minnesota Lawyer Staff Presumption of Reasonableness Where the District Court applied a presumption of reasonableness to the sentencing guidelines in a methamphetamine case, the court erred so the sentence is vacated. Vacated;...

Eighth U.S. Circuit Court of Appeals: U.S. v. Black.(United States)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Reduction; Crack Cocaine Where a defendant pleaded guilty to possessing with intent to distribute more than five grams of crack cocaine, the defendant was eligible for a reduction of sentence under...

Eighth U.S. Circuit Court of Appeals: U.S. v. Peters.
May 5, 2008... Byline: Minnesota Lawyer Staff Reduction; Crack Cocaine Where application of the new drug quantity guidelines to a defendant's case resulted in a sentencing range of 120 to 121 months, the defendant was not entitled to a reduction of...

Minnesota Court of Appeals: Marcelino Delgado v. Neurosurgical Associates, Ltd.(Brief article)
May 5, 2008... Byline: Minnesota Lawers Staff Where the trial court failed to disclose an instruction to counsel before giving the instruction to the jury and then commented on the quality of plaintiff's counsel's objection in the presence of the jury;...

Minnesota Court of Appeals: Chase v. City of Plymouth.(right-of-way suit)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Municipal Right-of-Way Where the owner of a house in the vicinity of Medicine Lake maintained a dock on the lakeshore that had been used by his predecessor; the city notified the landowner that the dock...

Minnesota Court of Appeals: Jennifer Gwen Loveland v. Francis J. Brosnan.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where mother kidnapped two minor girls, solicited the girls to engage in prostitution, and physically and sexually abused the girls; both girls lived in mother's household against their will and under...

Minnesota Court of Appeals: Rasmussen v. R&N Dvorak, Inc.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Misrepresentation; Sale of Business Where the seller of a coffee shop stated in a confidential business profile that the shop has exclusive rights to sell coffee for the entire commercial development; and...

Minnesota Court of Appeals: Karren Britten V. The Franciscan Sisters.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where plaintiff alleges that she was sexually abused by a nun from 1964 to 1967, beginning when plaintiff was six years old; plaintiff claims that she recovered her memories of the abuse in 1989; and...

Minnesota Court of Appeals: Temphy Thompson V. ERP Fusion Consultants.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where claimant's work required frequent trips to Texas; claimant found a friend to travel with her and her infant daughter to Texas and claimed reimbursement for the friend's roundtrip ticket; and when her...

Minnesota Court of Appeals: Vickie L. Hoffman v. Minnesota Mining & Mfg. Co.(attendance policy at work)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where claimant was on vacation when the employer posted her assignment to two weekend shifts; claimant was aware that she might be scheduled for the weekend shifts but made no effort to determine whether she...

Minnesota Court of Appeals: Carla L. Brunner v. United Parcel Services, Inc.
May 5, 2008... Byline: Minnesota Lawyer Staff Where claimant was informed of the employer's nonfraternization policy when she was promoted to a management position; and claimant carried on a relationship with another employee for seven months, refused to...

Minnesota Court of Appeals: Minnesota v. Lenard D. Wells.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where claimant's supervisor confronted claimant about lengthy work-time conversations with visitors to the cafeteria where claimant worked as a cook; claimant, who is African American, contends that his...

Minnesota Court of Appeals: Minnesota v. Lenard D. Wells.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where, shortly after a stabbing, police obtained the victims' signatures on medical-information-release forms; and the state disclosed the victims' medical records from the day of the incident immediately...

Minnesota Court of Appeals v. Jeffrey Burckhardt.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where defendant moved to dismiss the three most serious of six controlled substance charges after a BCA report revealed that the weights of the marijuana plants were inadequate to support those charges; the...

Minnesota Court of Appeals: State of Minnesota v Arthur A. Anderson.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where defendant was stopped for an equipment violation; the officer observed that defendant's eyes were bloodshot, there were empty beer cans in the bed of the truck, defendant avoided breathing toward the...

Minnesota Court of Appeals: State of Miinesota v Rocky Padilla,.(right to counsel)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where defendant was taken into custody by Officer Clennon at 12:30 a.m. because he was driving with a license that had been cancelled as inimical to public safety; later that day, a urinalysis administered by...

A Fighting Chance: Minneapolis attorney Loddavahn "Loddy" Tolzmann.
May 5, 2008... Byline: Dan Heilman understands what it's like to pursue a new life in a strange land. At age 1, Tolzmann moved with her family from Laos to the United States, a dangerous journey about which she heard harrowing stories while growing up in...

Hearing slated for proposed changes in judicial discipline in Minnesota.
May 5, 2008... Byline: Barbara L. Jones Judges who are the subject of disciplinary proceedings will have greater procedural protections if the recommendations of an advisory committee on the Rules of the Board on Judicial Standards are adopted by the...

Minneapolis attorney Gary Hansen: The neighborhood lawyer.
May 5, 2008... Byline: Dan Heilman Minneapolis attorney Gary Hansen's recent appointment as the administrator of the North Minneapolis TJ Waconia rental properties cemented his reputation as the go-to lawyer for handling troubled blocks of housing. ...

Minnesota Supreme Court Historical Society launches fund-raising drive.
May 5, 2008... Byline: Michelle Lore Just in time for the state's sesquicentennial, members of the Minnesota legal community the have a chance to make a contribution to a historic movement. The fledgling Minnesota Supreme Court Historical Society is...

Minnesota Court of Appeals Judge Renee Worke honored for her work with youths.(2008 Woman Achievement and Leadership Dream Maker Awardee)(Brief article)
May 5, 2008... Byline: Michelle Lore Minnesota Court of Appeals Judge Renee Worke has been honored by the Ann Bancroft Foundation for her work encouraging achievement in young girls and women. Worke was named winner of the 2008 Woman Achievement and...

Four Dans in second careers at one Minneapolis law firm.(Dan Palmquist, Dan Colton, Dan Oberdorfer and Dan McInerney)
May 5, 2008... Byline: Michelle Lore Four lawyers at the Minneapolis law firm of Leonard Street and Deinard have at least two things in common -- they all came to the private practice of law as a second career and they all happen to be named Dan. ...

Commentary: Self-reporting misconduct.(Rules of Professional Conduct)
May 5, 2008... Byline: Julie E. Bennett I think I violated the Minnesota Rules of Professional Conduct. Do I have a duty to self-report? This question is not infrequently posed to the Director's Office. The short answer is probably not. The only...

Minnesota Bar Buzz: May 5, 2008.
May 5, 2008... Byline: Minnesota Lawyer Staff New lawyers will socialize for food Many of the state's newest members of the bar got together for food and drinks at the recent New Lawyers Spring Social and Food Shelf Fundraiser at Solera in downtown...

Commentary: Employees quitting jobs resigned to losing unemployment.
May 5, 2008... Byline: Marshall H. Tanick Employees faced with unpleasant conditions at work often feel that quitting will advance whatever legal claims they have. While they may have reasonable grounds to leave their jobs, resigning usually results in...

Minnesota Lawyers in the News: May 5, 2008.
May 5, 2008... Byline: Minnesota Lawyer Staff Reporter Christopher Ferreira and Nicholas C. Jellum have been elected shareholders of Anastasi & Associates, P.A. Ferreira, a graduate of William Mitchell College, oversees general business transactions along...

Commentary: How do you sue a client? Very carefully!
May 5, 2008... Byline: Edward Poll In the legal profession, things can change in a hurry. Not long ago, million-dollar profits per partner and starting associate salaries of $160,000 were the talk of the legal world. Now, with recession stories in the...

Minnestoa Court of Appeals: In the Matter of the Civil Commitment of: Anderson.(Minnesota)(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Mentally Ill and Dangerous Where the proposed patient concedes that he is mentally ill; in Nov. 2006, the proposed patient hijacked a bus and assaulted and kidnapped the bus driver; and the patient has a...

Minnesota Court of Appeals: Noel B. Skelton, et al. v. G121, Inc.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Where the buyer executed a contract for deed for 13 apartment buildings; the contract contained a contingency clause requiring the seller to provide certain documents within 10 days and allowing the buyer to...

Minnesota Court of Appeals: Sperling v. Sperling.(Brief article)
May 5, 2008... Byline: Minnesota Lawyer Staff Child Support Modification Where father moved for a reduction in his child support obligation based on a downturn in income from the mortgage business; mother argued that father is manipulating his...

Declaration of Independence arrives at Minnesota History Center.
May 6, 2008... Byline: Bob Geiger For the first time in the 150-year official history of the land of 10,000 lakes, an original copy of the Declaration of Independence has come to Minnesota. The document, one of 25 remaining original copies printed...

Minn. Up & Coming Attorneys Award Recipient: Aimee D. Dayhoff.(Minnesota)
May 12, 2008... Byline: Minnesota Lawyer Weekly You've got to stand for somethin' or you're gonna fall for anything. So sang John Mellencamp, who hails from Seymour, Ind. -- just like attorney Aimee D. Dayhoff. When I tell people I'm from Seymour,...

Minn. Up & Coming Attorneys Award Recipient: Kevin M. Decker.
May 12, 2008... Byline: Minnesota Lawyer Staff A little piece of paper changed the course of Kevin M. Decker's legal career. On my first day of work there was a note on my chair saying they needed a project done on a case, he recalls. I've been...

Minn. Up & Coming Attorneys Award Recipient: Tracey Holmes Donesky.(Minnesota)
May 12, 2008... Byline: Jane Pribek Tracey Holmes Donesky says her life changed forever when she was 6. No, that isn't when she decided to become a lawyer: That's when my dad first handed me a cut-down seven iron, she recalls. It began her lifelong...

Minn. Up & Coming Attorneys Award Recipient: Erika N. Donner.(Minnesota)
May 12, 2008... Byline: Jane Pribek Attorney Erika N. Donner says she's passionate about the little guy. A case exemplifying that commitment took place a few years ago while she was employed with Dady & Garner in Minneapolis, a small firm with a...

Minn. Up & Coming Attorneys Award Recipient: Amy R. Freestone.
May 12, 2008... Byline: Mark Cohen Minneapolis attorney Amy R. Freestone has carved out a niche for herself at Faegre & Benson defending pharmaceutical companies in product liability cases. She has also become a go-to person in the burgeoning field of...

Minn. Up & Coming Attorneys Award Recipient: Rachel C. Hughey.(Minnesota)
May 12, 2008... Byline: Michael Krieger Rachel C. Hughey is a patent attorney. She also runs, swims, knits and quilts. She's the center of several social circles. She balances pro bono appellate work with her regular practice, and always seems to be...

Minn. Up & Coming Attorneys Award Recipient: Lee A. Hutton III.(Minnesota)
May 12, 2008... Byline: Dan Heilman Lee A. Hutton III found out that the path to a legal career can start in unexpected places. The son of a urologist and a registered nurse, Hutton first thought he would go into medicine. After completing his...

Minn. Up & Coming Attorneys Award Recipient: T. Nicole James.
May 12, 2008... Byline: Michelle Lore In-house attorney T. Nicole James isn't afraid to get involved, really involved, in her community. The young lawyer is active in local and national bar associations, professional projects and community service...

Minn. Up & Coming Attorneys Award Recipient: Jennifer G. Lurken.(Minnesota)
May 12, 2008... Byline: Michael Krieger Jennifer G. Lurken had no choice. She had to attend law school. Back in the seventh or eighth grade, Lurken wanted to become either an attorney or an optometrist. Then her older brother chose optometry. I...

Minn. Up & Coming Attorneys Award Recipient: Maggie Mahoney.
May 12, 2008... Byline: Michael Krieger Attention smokers: You'd do well to quit now, because Maggie Mahoney is on the march. Mahoney is an attorney with the Tobacco Law Center in St. Paul, where she offers legal support for anti-smoking advocates and...

Minn. Up & Coming Attorneys Award Recipient: Kimberly G. Miller.
May 12, 2008... Byline: Barbara L. Jones As a summer associate at Robins, Kaplan, Miller & Ciresi, Kimberly G. Miller kept a list of all members of the hiring committee, executive board and other players in the firm. She then made sure she had some face...

Minn. Up & Coming Attorneys Award Recipient: Andrew P. Moratzka.
May 12, 2008... Byline: Jane Pribek When people see news about a local utility's rate hike, they often feel powerless to stop it. Not Andrew P. Moratzka, an energy law attorney with Mackall, Crounse & Moore in Minneapolis, who devotes a fair amount of his...

Minn. Up & Coming Attorneys Award Recipient: Ryan L. Nilsen.(Minnesota)
May 12, 2008... Byline: Michelle Lore All the courtroom's a stage for Bowman and Brooke attorney Ryan L. Nilsen, who's been acting since high school. His last venture onto the stage was in 2004, when as an associate he managed to find time to be a key...

Minn. Up & Coming Attorneys Award Recipient: Shanda K. Pearson.(Minnesota)
May 12, 2008... Byline: Jane Pribek Last year Shanda K. Pearson, not quite three years out of law school, argued on behalf of the mother/appellant in Beardsley v. Garcia before the Minnesota Court of Appeals. The time leading up to the oral argument...

Minn. Up & Coming Attorneys Award Recipient: Sarah E. Ruter.(Minnesota)
May 12, 2008... Byline: Dan Heilman Sarah E. Ruter took a winding road on her way to being an attorney, but she's happy with the destination. Ruter is an associate at Best & Flanagan, practicing in the areas of litigation and family law, with a focus...

Minn. Up & Coming Attorneys Award Recipient: Jeffrey S. Sieben.(Minnesota)
May 12, 2008... Byline: Mark Cohen The image that comes into Minneapolis attorney Jeffrey S. Sieben's mind when he thinks of taking on a new personal injury client is of a harried-looking person sitting at the kitchen table with big piles of bills and...

Minn. Up & Coming Attorneys Award Recipient: Christopher Wendt.(Minnesota)
May 12, 2008... Byline: Jane Pribek Attorney Christopher Wendt has a world map hanging on his wall. Every time he and his colleague in the international personnel office of the Mayo Clinic help employees obtain U.S. citizenship, he puts a small sticker on...

Minnesota Supreme Court: Martin v. Minnesota.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff Minnesota Supreme Court Criminal Opinions Postconviction Relief Procedural Bar The District Court did not err in summarily denying the petition for postconviction relief because the claims are barred...

Minnesota Court of Appeals: Fish v. Comm'r of Minn. Dep't of Human Services.
May 12, 2008... Byline: Minnesota Lawyer Staff COURT OF APPEALS PUBLISHED CIVIL OPINIONS ADMINISTRATIVE Medical Assistance 1. A recipient of Retired, Survivors, and Disability Insurance (RSDI), of which Social Security Disability Insurance (SSDI) is a...

Minnesota Court of Appeals: Rechtzigel Trust v. Fidelity Nat'l Title Ins. Co. of N.Y.(Fidelity National Title Insurance Company)(Brief article)
May 12, 2008... Byline: Minnesota Lawyer Staff INSURANCE Title; Bankruptcy Preference Action 1. Unless claims are asserted that threaten the marketability of title or other risks specified in the policy, title insurance does not cover monetary losses...

Minnesota Court of Appeals: Diversified Industries, Inc. v. Captains of the Guard , Inc.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff COMMERCIAL LAW Corporate Check Where checks issued by a corporation were printed with the corporation's name and address and were signed by the corporation's CEO, we conclude that the District Court...

Minnesota Court of Appeals: Civil Commitment of Bracken.(Brief article)
May 12, 2008... Byline: Minnesota Lawyer Staff COMMITMENT Developmentally Disabled; SDP and SPP Where one of two doctors testified that the proposed patient may have exhibited sufficiently subaverage intellectual functioning and adaptive skills to qualify...

Minnesota Court of Appeals: Rich Johnson Homes, Inc. v. Sheehan.(breach of contract)(Brief article)
May 12, 2008... Byline: Minnesota Lawyer Weekly CONSTRUCTION LAW Oral Modifications to Contract Where the parties entered into a fixed-price contract for a home remodeling project; the contract required alterations involving extra cost to be executed only...

Minnesota Court of Appeals: ERA Muske Real Estate Co. v. Gammon.
May 12, 2008... Byline: Minnesota Lawyer Staff CONTRACTS Consideration Where the buyer agreed to purchase a home contingent upon the seller's completion of a number of repairs and upgrades by a specified date; the parties later signed a revised purchase...

Minnesota Court of Appeals: Molstad v. Hovstone Properties Minnesota LLC.
May 12, 2008... Byline: Minnesota Lawyer Staff CONTRACTS Purchase Agreement Where the real estate purchase agreement provided that if buyer "fail[ed] to consummate the transaction" for any reason except seller's default, seller would be entitled to cancel...

Minnesota Court of Appeals: Chaignot v. Chapin, Jr.
May 12, 2008... Byline: Minnesota Lawyer Weekly DOMESTIC RELATIONS Debt Deemed Extramarital Where this court remanded this case after concluding that the District Court had erroneously determined that a debt to an attorney was unenforceable based on the...

Minnesota Court of Appeals: Severson v. Severson.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff DOMESTIC RELATIONS Maintenance Where the parties were married for 15 years; wife has a health condition that limits her ability to work; the District Court's findings adequately address the parties'...

Minnesota Court of Appeals: Kratz v. Blum.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff DOMESTIC RELATIONS Parenting Time Where the District Court increased father's parenting time by one day per month and declined to award additional days because the child stays with father in a hotel...

Minnesota Court of Appeals: Zimmerman v. Zimmerman.(Brief article)
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff DOMESTIC RELATIONS Property; Decree Interpreted Where the decree required wife to either sell or refinance the marital home and divide the proceeds equally with husband; six months later, the District...

Minnesota Court of Appeals: Fitzsimmons v. Fitzsimmons.(spousal support)(Brief article)
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff DOMESTIC RELATIONS Subject-Matter Jurisdiction Even though the District Court ordered temporary spousal maintenance which the obligor failed to pay, and when the court issued the dissolution decree, the...

Minnesota Court of Appeals: Burandt v. Comm'r of Public Safety.(driving while intoxicated)(Brief article)
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff DRIVER'S LICENSE REVOCATION Probable Cause for Arrest Where an officer went to the driver's home about one hour after the driver reported that he had been involved in an accident; the officer testified...

Minnesota Court of Appeals: Kaine v. Comm'r of Public Safety.(right to counsel)(Brief article)
May 12, 2008... Byline: Minnesota Lawyer Staff DRIVER'S LICENSE REVOCATION Right to Counsel Where the arrestee was given access to a telephone and two telephone books for 20 minutes; and during that time, the arrestee paged through the telephone books but...

Minnesota Court of Appeals: Farmers Ins. Co. v. Tischer.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff INSURANCE Homeowners; Auto Accident Where the insured under a homeowners policy seeks recovery for damages arising out of an accident that occurred when another person was driving the insured's auto;...

Minnesota Court of Appeals: Belcher v. Fletcher.(denial of permit to carry a pistol)(Brief article)
May 12, 2008... Byline: Minnesota Lawyer Weekly PERMIT TO CARRY PISTOL Prior Criminal Charge Where the Ramsey County sheriff's office denied the applicant's 2004 application for a permit to carry a pistol based in part on the applicant's 2003 arrest in...

Minnesota Court of Appeals: City of Delano v. Minn. Office of the State Demographer.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff PUBLIC LAW Demographer's Population Estimate Where the Office of the State Demographer issued its annual population estate for a city, putting the city's population below 5,000; the city undertook a...

Minnesota Court of Appeals: Theusch v. Berg.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff PUBLIC LAW Tree Removal Without Notice Where the trees that a township removed were within the township's right-of-way for a road, but the township failed to provide notice and an opportunity to be...

Minnesota Court of Appeals: Garding v. Doughman.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff REAL PROPERTY Adverse Possession Where, from 1950 to 2001, the disputed area was used, maintained, and incorporated by a fence into the yard of respondent's lot, as well as used and maintained by the...

Minnesota Court of Appeals: Denial of Certain Relocation Benefits to Lang.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff RELOCATION BENEFITS Direct-Loss Benefits Where the owner sought compensation for the inventory of his used-auto-parts business, relying on an evaluation conducted by an accountant; and the redevelopment...

Minnesota Court of Appeals: In the Matter of the Welfare of the Child.
May 12, 2008... Byline: Minnesota Lawyer Weekly Staff TERMINATION OF PARENTAL RIGHTS Egregious Harm Even though the record supports the District Court's finding of egregious harm to an infant while he was in his parents' care because the infant suffered a...

Minnesota Court of Appeals: McClain v. Clarus Inc.
May 12, 2008... Byline: Minnesota Lawyer Staff UNEMPLOYMENT BENEFITS Misconduct Where the ULJ found that claimant's testimony was less credible than that of his direct supervisor because claimant's testimony varied during the course of the hearing...