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UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALSA07-0665Gary Fridell, as Trustee for the heirs of Jane A. Fridell, Appellant, vs. CommonBond Communities, Inc., d/b/a Oak Ridge Assisted Living of Hastings, Respondent. CONNOLLY, Judge Appellant Gary Fridell, as trustee for the heirs of Jane A. Fridell, challenges the district court's decision granting respondent CommonBond Communities, Inc.'s motion to dismiss with prejudice for appellant's noncompliance with the expert-disclosure-affidavit requirement of Minn. Stat. ? 145.682 (2006). Because the district court did not err in determining that appellant's cause of action requires expert testimony to establish a prima facie case of negligence, we affirm. = = = = A07-0347 Christina Igoe, Relator, v. Wells Fargo Bank NA, Respondent, Department of Employment and Economic Development, Respondent. WRIGHT, Judge Relator challenges the unemployment law judge's determination that relator is disqualified from receiving unemployment benefits because she quit her job without a good reason caused by her employer. We affirm. = = = = A07-0287 In the Matter of the Revocation of the License of Victoria Stovall and Gloria Pargo to Provide Family Child Care. SCHELLHAS, Judge Relators appeal from a final order by the Minnesota Commissioner of Human Services revoking their child-care license. Because the commissioner did not abuse his discretion, we affirm. = = = = A07-0262 In re the Marriage of: Annette Lee DeRosier, n/k/a Annette Lee Kelley, petitioner, Respondent, vs. James Howard DeRosier, Lower Court Respondent, and re the motions of: Lois M. DeRosier, et. al., proposed intervenors, Appellants. HUSPENI, Judge Appellants challenge the trial court's denial of their motion to intervene in the dissolution proceeding of respondents Annette Lee Kelley and James Howard DeRosier, and to vacate the dissolution decree. Appellants argue that the trial court erred in applying the intervention factors under Minn. R. Civ. P. 24.01 and misconstrued the discussion of nonparty jurisdiction in Sammons v. Sammons, 642 N.W.2d 450 (Minn. App. 2002). Because appellants' motion was untimely and because Sammons is distinguishable from the facts of this case, we affirm. = = = = A07-0140 John R. Deneen, Jr., Relator, vs. Minneapolis Special School District #001, Respondent, Department of Employment and Economic Development, Respondent. STONEBURNER, Judge Relator challenges an unemployment law judge's decision that he was not eligible for unemployment benefits because he was not actively seeking suitable employment. We affirm. = = = = A07-0102 In re the Marriage of: Lynae Dana Nahring, petitioner, Respondent, vs. Curtis Norman Nahring, Appellant. WRIGHT, Judge In this challenge to the amount of child support and spousal maintenance awarded by the district court, appellant-husband argues that (1) the district court's decision to calculate his income by using a seven-year average was clearly erroneous; (2) the record does not support a deduction of 13.5 percent of respondent-wife's gross income for retirement savings; and (3) the findings do not reflect that the district court considered the requisite statutory factors. We reverse and remand. = = = = A07-0040 Sharon D. Rose, Relator, vs. JRM Management LLC, 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 because she was terminated for employment misconduct. Because the record supports the ULJ's determination, we affirm. = = = = A06-2468 In re: Guardianship and Conservatorship of Gladys Brooks HUDSON, Judge On appeal from an order allowing the amended first annual account of conservator, appellant argues that the district court erred because it (1) allowed an account that did not meet basic accounting standards; (2) overruled appellant's objections to the initial inventory, which was filed late and did not specifically describe and provide the value of the estate's property; and (3) did not properly monitor the conservatorship. Appellant also contends that the district court abused its discretion when it maintained conservatee's in forma pauperis (IFP) status. The district court did not clearly err in allowing the amended account and amended inventory, and it properly monitored the conservatorship. Nor did the district court abuse its discretion in maintaining conservatee's IFP status. Accordingly, we affirm. = = = = A06-2400 Metropolitan Airports Commission, petitioner, Respondent, vs. Thomas W. Noble, Appellant, Speedway SuperAmerica LLC, a Delaware corporation, Respondent, Northern States Power Company, n/k/a Xcel Energy, Respondent, State of Minnesota, Respondent, County of Hennepin, Respondent, City of Bloomington, Respondent. KALITOWSKI, Judge In this eminent-domain proceeding, appellant-lessor Thomas W. Noble challenges the district court's summary-judgment determination that respondent-lessee Speedway SuperAmerica LLC was entitled to the part of the Metropolitan Airports Commission takings award that was allocated as compensation for "immovable fixtures." Appellant argues that (1) respondent is precluded from sharing in the award because the lease agreement contained a condemnation clause terminating respondent's interest in the condemned property following a taking by eminent domain; and (2) even if the lease agreement preserved some interest for respondent in the property post-condemnation despite the condemnation clause, respondent is not entitled to share in the award because the conditions within the clause were not satisfied. Appellant also contends the district court erred in ordering him to pay the interest respondent was owed on its part of the award. We reverse. = = = = A06-2353 Ronald Richard Johnson, Appellant, Dee Johnson, Plaintiff, vs. City of Shorewood, Respondent, City of Minnetonka, Respondent, Riley-Purgatory-Bluff Creek Watershed District, Respondent, Trivesco, et. al., Respondents, Highland Villa Builders, Inc., Respondent. HUSPENI, Judge Appellant Ronald Johnson challenges the district court's grant of summary judgment in favor of all named respondents. Appellant argues that the district court erred by (1) denying his request for a declaratory judgment and an additional takings proceeding under Minn. Stat. ? 117.045 (2006), based on "[r]espondents' future, continued and increased flooding and other takings of [appellant's] property"; (2) dismissing appellant's 42 U.S.C. ? 1983 claims and not granting his motion for partial summary judgment; (3) dismissing appellant's inverse-condemnation claim and refusing to enter a declaratory judgment related to alleged 2000 "Vine Hill Road" takings; (4) dismissing appellant's state-law claims against respondent Trivesco; and (5) denying appellant's postjudgment motion. Because the district court did not err in any of its determinations, we affirm. = = = = A06-2225 Save Our Creeks, Appellant, vs. City of Brooklyn Park, Minnesota, Respondent. HUDSON, Judge On appeal from dismissal of a claim arising under the Minnesota Environmental Policy Act, appellant argues that the dismissal was improper because respondent arbitrarily and capriciously denied appellant's request for further environmental review. Because the district court did not abuse its discretion in dismissing appellant's claim, we affirm. |
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
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