MINNEAPOLIS PERSONAL INJURY ATTORNEY |
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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSA06-2019A06-2361 Calm Waters, LLC, Appellant (A06-2019) Relator (A06-2361), vs. Kanabec County Board of Commissioners, et al., Respondents. TOUSSAINT, Chief Judge In this consolidated proceeding, appellant/relator Calm Waters, LLC, through a direct appeal, challenges the denial by the district court of its petition for a writ of mandamus and, through a certiorari appeal, challenges the denial of its preliminary plat application by respondent Kanabec County Planning Commission. Because the county[1] failed to approve or deny Calm Waters's preliminary plat application within 60 days after the filing of the written request, we reverse the district court's decision and hold that the application is approved by operation of law under Minn. Stat. ? 15.99, subd. 2(a) (2006). In light of this decision, we dismiss the certiorari challenge as moot. = = = = A06-1844 KALITOWSKI, Judge Appellant Dean C. Suneson sued respondent Northern Tool and Equipment Company for age discrimination after respondent terminated his employment. On appeal from a grant of summary judgment to respondent, appellant argues that the district court erred in determining that (1) there were no genuine issues of material fact; (2) appellant failed to establish a prima facie case of age discrimination; and (3) respondent's proffered reason for terminating appellant was not a pretext for discrimination. We affirm. = = = = A06-1911 Ronald W. Schultenover, Relator, vs. I.G., Incorporated, Respondent, Department of Employment and Economic Development, Respondent. PETERSON, Judge This appeal is from the decision of an unemployment law judge that relator is disqualified from receiving unemployment benefits because he quit his employment at a staffing service employer. We affirm. = = = = A06-1990 Thomas Labore, Appellant, vs. J. P. Morgan Chase Bank, Defendant, Shapiro and Nordmeyer, LLP, Respondent, Homecomings Financial Network, Inc., Respondent. WILLIS, Judge Appellant challenges the grant of summary judgment to respondents, arguing that the district court erred by determining that the foreclosure of appellant's property was lawful and that respondents did not violate the federal Fair Debt Collection Practices Act. We affirm. = = = = A07-1063 DIETZEN, Judge Appellant mother challenges the district court order terminating her parental rights, arguing that the district court erred in finding that appellant failed to rebut the presumption that she was palpably unfit and finding that reasonable efforts had failed to correct the conditions leading to the child's placement. Because the district court properly applied the law and did not abuse its discretion, we affirm. = = = = A06-2056 HARTEN, Judge Appellants Kathleen and Thomas Morris owned 40% of the stock of respondent Propack Sales, Inc. (Propack); respondents Judith and C. Stephen Trotter owned another 40%. The Morrises brought this action against Propack and the Trotters, alleging that the Trotters breached the settlement agreement that had resolved the Morrises' previous lawsuit against them. On appeal, the Morrises argue that the district court abused its discretion in dismissing the Trotters from the lawsuit and in granting judgment to Propack, following a bench trial, on the Morrises' claims for attorney fees and possession of a vehicle owned by Propack. Because we see no abuse of discretion in the dismissal of the Trotters and no error in the district court's judgment, we affirm. = = = = A07-465 Jerry D. Hess, et al., Appellants, vs. City of Fergus Falls, Respondent. WILLIS, Judge Appellants challenge the district court's grant of summary judgment to respondent city, arguing that the district court erred by determining that the city had a rational basis for vacating the northern 321.22 feet of a public-road right of way. Appellants argue also that the district court abused its discretion by denying their motion to compel discovery. We affirm. |
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