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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSJoel C. Jack, et al.,Respondents, vs. Richard Horman, et al., defendants and third party plaintiffs, Appellants, Corey Loger, et al., Defendants and Third Party Plaintiffs, vs. Rick Ruprecht, et al., third party defendants, Respondents. LANSING, Judge In this appeal from summary judgment dismissing a third-party action arising from a contingent agreement for the purchase of real estate, the sellers argue that they have presented sufficient evidence to create genuine issues of material fact on their claims against their real-estate agent and his employer for breach of contract, tortious interference with contract, and tortious interference with prospective advantage. We affirm because the sellers have not established any genuine issues of material fact on their third-party action and the district court did not err in its determination on their remaining claims related to sanctions, reconsideration, earnest money, and removal of the assigned judge. = = = = A06-571 In the Matter of Lorraine Daniels for the Establishment of a Cartway in Glenwood Township, Pope County, Minnesota. KALITOWSKI, Judge This is an appeal from a partial summary judgment order allowing respondent Glenwood Township to establish a cartway over the land of appellants Robert and Harriet Tholen pursuant to a petition for cartway filed by adjacent property owner Lorraine Daniels. Appellants argue that the cartway should not be established because (1) Daniels already has access to her land over adjoining property and has failed to exhaust other viable legal remedies; (2) cartways should not be established for the benefit of third parties or for a petitioner that landlocked herself; and (3) the granting of the cartway is an improper taking because it does not have a public purpose. We affirm. = = = = A06-593 Ricky Joe Artz, Appellant, vs. Metropolitan Property & Casualty Insurance Co., Respondent. KLAPHAKE, Judge Appellant Ricky Joe Artz brought this declaratory judgment against respondent Metropolitan Property & Casualty Insurance Co., after respondent denied coverage for appellant's claim that his ex-wife's removal of marital and nonmarital property from the marital homestead constituted theft. The district court granted respondent's motion for summary judgment, concluding that it was against public policy to settle marital property disputes by resorting to filing an insurance claim. Because appellant has failed to make a prima facie case of theft, we affirm. = = = = A06-550 William David Byrne, Appellant, vs. Terry Kropp, Respondent, Bryce Bjork, Respondent. KLAPHAKE, Judge Appellant William David Byrne slipped and fell while attempting to walk up the sloped apron of a driveway that serviced two multi-family dwellings in Rochester. The two properties, including the shared driveway, are owned by respondents Terry Kropp and Bryce Bjork. Because appellant's fall occurred on the city's right-of-way and because appellant could show no causal link between appellant's fall and respondents' snow and ice removal activities in the area, appellant failed to establish a prima facie case of negligence. We therefore affirm the district court's grant of summary judgment to respondents. = = = = A06-469 Joseph W. Fisher, Relator, vs. Bayport Marina Association, Respondent, Department of Employment and Economic Development, Respondent. KLAPHAKE, Judge Relator Joseph W. Fisher challenges a decision by an unemployment law judge (ULJ), affirming the ULJ's earlier decision that relator quit his job without good reason caused by his employer, respondent Bayport Marina Association. Relator argues that he had good reason to quit because his employer failed to provide him with a trained assistant or spotter at all times, which raised safety concerns. Because the evidence supports the ULJ's determination that the employer provided relator with an assistant when requested and that relator failed to properly make use of that assistant, particularly during the final incident during which relator decided to walk away from his job rather than ask for help, we agree that relator quit his job without good reason caused by his employer. We therefore affirm the ULJ's determination that relator is disqualified from receiving benefits. = = = = A06-97 In re: Trust Agreement of Robert G. Sudheimer, Dated August 3, 2000. KLAPHAKE, Judge Appellants, three beneficiaries of the trust of Robert G. Sudheimer, successfully brought suit against Sudheimer's widow, Mary Ann Sudheimer, the named personal representative in Sudheimer's will and named trustee of the trust, for breach of fiduciary duty and conversion of trust assets. They now challenge the district court's posttrial order directing apportionment of estate taxes under Minn. Stat. ? 524.3-916 (2004), and refusing to award them attorney fees from the estate under Minn. Stat. ? 524.3-720 (2004). Because we observe no error in the district court's decision to determine estate tax apportionment by reference to Minn. Stat. ? 524.3-916, when Sudheimer's will and trust contained conflicting and irreconcilable provisions on estate tax apportionment, we affirm on that issue. But because the district court abused its discretion by refusing to award attorney fees to appellants consistent with the provisions of Minn. Stat. ? 524.3-720, when they successfully maintained an action against the personal representative and trustee that resulted in a benefit to the estate, we reverse and remand for further proceedings on that issue. = = = = A06-202 Laura L. Goodman, Relator, vs. City of Brooklyn Center, Respondent, Department of Employment and Economic Development, Respondent. WILLIS, Judge Relator appeals by writ of certiorari from the decision of the unemployment-law judge that relator quit her employment without good reason caused by her employer and that, consequently, she is disqualified from receiving unemployment benefits. We affirm. = = = = A05-2492 Elizabeth L. Proudfoot, Relator, vs. Wellbridge Club Management, Inc., Respondent, Department of Employment and Economic Development, Respondent. UMAKER, Judge Relator challenges the unemployment law judge's decision disqualifying her from receiving unemployment benefits, arguing that the judge erred by finding that she quit without good reason caused by the employer, and that the judge conducted the hearing improperly. Because we find that the unemployment law judge did not err by finding that relator quit her job without good reason caused by the employer, and that there was no impropriety in the hearing, we affirm. = = = = A06-702 Todd Sutton, et al., Respondents, vs. The Town Board of the Town of Princeton, County of Mille Lacs, State of Minnesota; Greg Anderson, Steve Heinks, Dan Minks, Stephanie Johnston and John Moosbrugger, constituting the members of said Board, Appellant. DIETZEN, Judge Appellant township challenges the district court's order granting respondent landowners' petition for peremptory writ of mandamus approving landowners' preliminary plat application, arguing that approval is not a clear duty imposed by law and that denial was supported by the record. Because approval of a preliminary plat application is not a clear duty imposed by law, we reverse and remand. = = = = A06-612 Cina M. Buck, Relator, vs. Bergquist Company, Respondent, Department of Employment and Economic Development, Respondent. HUDSON, Judge Relator Cina Buck challenges the order affirming the unemployment law judge's (ULJ) conclusion that relator was disqualified from receiving unemployment benefits because she quit her job without good reason caused by her employer. Because the record reasonably supports the ULJ's conclusion, we affirm. = = = = A06-594 In re the Marriage of: Holly Lynn Benda ReMine, petitioner, Appellant, vs. Gary Craig ReMine, Respondent, and County of Olmsted, intervenor, Respondent. WRIGHT, Judge In this child-support-modification dispute in which respondent-father's child support obligation was set below the guidelines amount, appellant-mother argues that the child-support magistrate (CSM) clearly erred by understating respondent-father's net income, understating appellant-mother's expenses, and ordering appellant-mother to provide the children's medical and dental insurance. We affirm. = = = = A06-637 Marcie M. Cotter, Relator, vs. Anderson Fabrics, Inc., Respondent, Department of Employment and Economic Development, Respondent. HUSPENI, Judge Relator was denied unemployment benefits by the Department of Employment and Economic Development, and that denial was affirmed after a hearing before an unemployment law judge (ULJ). Cotter sought reconsideration, and the ULJ again affirmed the denial of benefits. Because substantial evidence supports the determination that Cotter quit her job and that no exceptions to disqualification apply, we affirm. = = = = A05-2166 John K. Meikle, petitioner, Respondent, vs. Brenda K. Winner-Hite Meikle, Appellant. HUSPENI, Judge In this appeal challenging an order granting attorney fees and travel costs arising from a parenting-time dispute, appellant argues that the district court lacked subject-matter jurisdiction over child-custody issues and therefore could not have assessed fees and costs for appellant's failure to abide by an order issued in the parties' parenting-time dispute. Because we find that the order of the district court regarding attorney fees and travel costs arose from a parenting-time dispute over which the district court lacked subject-matter jurisdiction, we reverse. |
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
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