MINNEAPOLIS PERSONAL INJURY ATTORNEY  
attorney Michael E. Douglas Attorney at Law
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Law Offices of Michael E. Douglas
P.O. Box 251551
Woodbury, Minnesota 55125-6551
   

 Saint Paul Lawyer
 
 mdouglas@injurylawtwincities.com

 

UNPUBLISHED CIVIL OPINIONS FROM THE MINNESOTA COURT OF APPEALS

A08-1731

In the Matter of the Civil Commitment of:
Raymond Alexander Parson, Jr., a/k/a Clarence Anthony Sims,
a/k/a Raymond Anthone Parson.

TOUSSAINT, Chief Judge
Appellant Raymond Alexander Parson, Jr., a/k/a Clarence Anthony Sims, a/k/a Raymond Anthone Parson, challenges his commitment as a sexually dangerous person (SDP) on constitutional grounds. Because appellant's commitment comports with substantive and procedural due process, does not violate his equal-protection right, and does not place him in double jeopardy, and because the SDP statute is not void for vagueness, we affirm.
= = = =
A08-1248

Hendel Construction, LLC,
Appellant,

vs.

Security State Bank of Howard Lake,
Respondent.

KLAPHAKE, Judge
After respondent Security State Bank of Howard Lake (the bank) foreclosed its second mortgage, appellant Hendel Construction, LLC, a junior lienholder, sought a declaratory judgment requiring the bank to disclose information regarding its first mortgage to enable appellant to decide whether to exercise its right of redemption. Appellant also requested a temporary restraining order (TRO) to toll the running of the redemption period. The district court denied the request for a TRO and granted summary judgment to the bank. Appellant challenges both the denial of the TRO and summary judgment.
Because the district court did not abuse its discretion by refusing to grant a TRO, and because a senior lienholder has no duty under Minnesota law to disclose information about a non-foreclosed mortgage to a prospective bidder at the foreclosure sale of a lien subordinate to the non-foreclosed mortgage, we affirm.
= = = =
A08-0953

In re the Marriage of: Nancy Jean Sonnek, petitioner,
Respondent,

vs.

Christopher David Sonnek,
Appellant.

LARKIN, Judge
Appellant argues that the district court abused its discretion by denying his motion to reduce his child-support obligation. We affirm.
= = = =
A08-0845

Terry Moore, as father and natural guardian for minor, Thaddeus J. Moore,
Appellant,

vs.

Minnesota Baseball Instructional School,
Respondent.

CONNOLLY, Judge
Appellant Terry Moore initiated this negligence action in district court on behalf of his minor son, T.J., following an incident in which T.J.'s eye was permanently injured while T.J. was participating in a baseball camp operated by respondent Minnesota Baseball Instructional School. The district court granted summary judgment to respondent. Because appellant had signed a valid agreement releasing respondent from liability for T.J.'s injury prior to enrolling in the camp, we affirm.
= = = =
A08-0787

In re the Conservatorship of: Myrtle Haack, Protected Person.

TOUSSAINT, Chief Judge
Appellants Susie Ruff, a/k/a Carol A. Ruff, Leroy Haas, Linda Wilde, Althea Brown, and Richard Haas challenge the district court order continuing the conservatorship of their mother, Myrtle Haack, and appointing Lutheran Social Services as successor conservator. Because the district court did not abuse its discretion in continuing the conservatorship and appointing Lutheran Social Services as successor conservator, we affirm.
= = = =
A08-0678

In the Matter of the
Claim for Benefits
by Richard Michael Schmitt

CRIPPEN, Judge
Relator Richard Schmitt contends that the denial by the Minnesota Public Safety Officers Benefit Eligibility Panel of his application for continued health-insurance benefits lacked support by substantial evidence and was outside the scope of the panel's statutory authority. Because we conclude that relator's claims are sustained by undisputed evidence and the plain meaning of the governing statute, he is qualified for health-insurance coverage. We therefore reverse.
= = = =
A08-0352

Shaw Acquisition Corporation, d/b/a Shaw/Stewart Lumber Co.,
Respondent,

vs.

Troy Shannon, et al.,
Defendants,

Commercial Mortgage Fund, LLC, et al.,
Appellants,

Atlas Foundation, Inc.,
Respondent,

Remodeling, Inc. d/b/a Concept Landscaping,
Respondent,

Donnelly Brothers Construction Company, Inc.,
Respondent,

Warrick M. Hallett d/b/a Warrick Hallett Carpentry,
Respondent,

Creative Lighting, Inc.,
Respondent.

COLLINS, Judge
Appellants challenge the grants of summary judgment to respondents, arguing that because of work-quality issues, respondents were not entitled to claimed lien amounts, and claimed lien amounts are overstated and thus void. Appellants also argue that the district court erred by awarding unreasonable attorney fees to respondent Shaw. We affirm.
 

 
 
 

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