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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSEffie Patterson,Relator, vs. Edgewood Management Inc., Respondent, Department of Employment and Economic Development, Respondent. HALBROOKS, Judge Relator challenges the unemployment-law judge's (ULJ) determination that she is disqualified from receiving unemployment benefits due to employee misconduct. Because we conclude that the ULJ properly applied the law and that the ULJ's determination is supported by substantial evidence in the record, we affirm. A06-98 In re the Marriage of: Pamela Jean Hoppe, petitioner, Respondent, vs. Kevin Dean Hoppe, Appellant, County of Anoka, intervenor, Respondent. WORKE, Judge On appeal in this child-support contempt proceeding, appellant argues that, without determining or imputing his current income, the district court erred by (1) denying his motion to modify his child-support obligation, and (2) executing his contempt sentence absent support for the findings that his failure to comply with the purge conditions was willful and that he had the ability to satisfy the purge conditions, and incarceration was likely to produce compliance. We affirm. A06-159 Housing and Redevelopment Authority in and for the City of Bloomington, petitioner, Respondent, vs. Bloomington Professional Building, LLC, et al., Appellants, Wells Fargo Bank, National Association, et al., Respondents Below. RANDALL, Judge On appeal from the district court's grant of a quick-take condemnation order, appellant property owners argue that the HRA exceeded its power to take private property, took private property that was not "blighted" for a nonpublic purpose and took property that was not necessary. Additionally, appellants argue that the HRA failed to show a quick-take was necessary. We find the HRA acted within its authority and the district court properly exercised its discretion. We affirm. A06-284 Samuel M. Post, III, Relator, vs. Plaza Management Company, Inc., Respondent, Department of Employment and Economic Development, Respondent. WILLIS, Judge In this certiorari appeal, relator challenges the decision of the unemployment-law judge (ULJ) affirming his earlier determination that relator was disqualified from receiving unemployment benefits because relator was discharged for employment misconduct. Relator argues that (1) his conduct was not intentional or deliberate and therefore does not constitute misconduct; (2) the evidence does not support the determination that he acted in an insubordinate or aggressive manner; (3) his conduct was a single incident that did not have a significant adverse impact on the employer; and (4) he was not given the opportunity at the hearing to question the employer about an alleged disciplinary warning of which he was unaware. Because substantial evidence supports the ULJ's determination of misconduct, we affirm. A06-513 Gesell Concrete Products, Inc., et al., Respondents, vs. David L. Anderson, et al., Appellants, James R. Pulford, et al., Defendants. WILLIS, Judge Appellants challenge the district court's determination on summary judgment that respondent has a valid leasehold interest in appellant's property. Appellants argue that the lease violates Minn. Stat. sec. 500.245, subd. 1 (2006), because appellant David L. Anderson was not offered the right of first refusal to lease the property as required by the statute. Because we conclude that the lease violates the statute, we reverse and remand for further proceedings consistent with this opinion. A06-638 In the Matter of the Truck Rental Rate Effective December 20, 2004 WORKE, Judge Relators are more than one dozen trucking firms. They appeal from an order of respondent Minnesota Department of Labor and Industry (DOLI) upholding the certification of truck rental rates, operating costs, and broker fees. Relators argue that the Commissioner of Labor and Industry violated Minn. R. 5200.1105 (2005) by basing truck rental rates, operating costs, and broker fees on a survey of over 10,000 firms and individuals rather than data obtained from "at least five trucking firms of various size and five independent truck owner operators, all selected by the commissioner as representative of the industry" and then averaging their itemized costs. In the alternative, relators argue that the commissioner erred by refusing to disclose the names of the prime contractors who submitted the surveys upon which the truck rental rates, operating costs, and broker fees were based. Relators also argue that the commissioner exceeded the scope of Minn. Stat. sec. 177.41 (2004) and Minn. R. 5200.1000 (2005) by determining rental rates, operating costs, and broker fees for trailers and tractor-trailers; failing to determine or certify truck rental rates, operating costs, and broker fees that are representative of the industry; and determining rates, costs, and fees statewide rather than area-wide. Additionally, relators argue that the commissioner violated Minn. Stat. sec. 177.44, subd. 3 (2004), by determining rental rates, operating costs, and broker fees for trucks and trailers without considering the "nature of the equipment furnished[,]" and erred by not resolving relators' claim that the commissioner failed to consider the nature of the equipment furnished with respect to trucks. Finally, relators argue that the commissioner violated the United States and Minnesota Constitutions by certifying rates, costs, and fees that impair existing contracts. We affirm. A06-774 David P. Peterson, Appellant, vs. MCF-Faribault, Respondent. HUDSON, Judge Appellant David P. Peterson challenges the district court's order granting summary judgment and dismissing as frivolous his claim that the Minnesota Correctional Facility-Faribault ("MCF-FRB") improperly deducted from his inmate account in order to pay a cost of his confinement. Because the district court properly found that no issue of material fact existed, it did not err in dismissing appellant's claim with prejudice. We affirm. A06-1051 In the Matter of the Welfare of the Children of B. T., Parent TOUSSAINT, Chief Judge Appellant B.T. challenges the district court's findings that it is in the best interests of her sons for her parental rights to be terminated. Because these findings are supported by substantial evidence and are not clearly erroneous, we affirm. A06-1452 In the Matter of the Civil Commitment of: Daniel Harry Peria. HALBROOKS, Judge On appeal from the district court's order for indeterminate civil commitment, appellant claims that the district court erred in determining that he is a sexually dangerous person (SDP) and that he has a sexual psychopathic personality (SPP) and by denying appellant intensive supervised release (ISR) as a less-restrictive alternative. We affirm. A06-1620 Joseph D. Thornblad, Appellant, vs. Kevin Goodno, Commissioner of Human Services, Respondent. TOUSSAINT, Chief Judge Appellant Joseph D. Thornblad, who is committed for an indeterminate period as mentally ill and dangerous, challenges the decision of the judicial appeal panel dismissing his petition for discharge or for transfer to a non-secure facility. He also moved to strike the appendix of respondent Kevin Goodno, Commissioner of Human Services, as containing items not part of the record below. Because the panel correctly applied the law and concluded that appellant had not met his burden of going forward, we affirm. Because appellant did not support his motion with any legal analysis, facts, or citations, we deny the motion. |
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
Reserved. Minnesota Lawyer representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims. Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance. |
