Appellate Courts will begin transmitting all notices, orders, and opinions electronically.
Beginning no later than July 1, 2011, the appellate courts will send notices, orders, opinions, and correspondence related to pending cases to attorneys in those cases by e-mail rather than postal mail. All attorneys with pending appellate cases who have not already registered an e-mail address should do so immediately. Unrepresented parties with pending appellate cases may also participate in this e-notification system by registering an e-mail address. Please visit the Clerk of Appellate Courts page for instructions on how to register your e-mail address.
Opinion Policies
Minnesota Court of Appeals opinions are issued weekly and are available to the public at 10 a.m. CST/CDT every Monday.
On Wednesday of every week, the Court of Appeals will mail a notice that informs counsel, pro se parties, and court personnel associated with a case that an opinion will be released the following Monday. Opinions are available online or by visiting the Clerk of Appellate Courts, 305 Minnesota Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, after the Monday release time. Copies of the opinions are mailed to involved parties on Mondays.
In certain time-sensitive cases, the Court of Appeals may issue opinions on a business day other than Monday. In these instances, involved parties will be contacted just prior to the special release.
Please visit the Minnesota State Law Library's Appellate Opinions Archive for previously released Court of Appeals Opinions.
Published Opinions
By statute, the Court of Appeals issues a published opinion only in the most important and complex cases. Published opinions include an extensive analysis of the facts and law. They will be considered and used by courts faced with similar issues in the future, and they are published in books found in most law libraries.
DECISIONS OF THE COURT OF APPEALS
FILED Monday, May 13, 2024
A23-1382 State of Minnesota by Smart Growth Minneapolis, a Minnesota nonprofit corporation, et al., Respondents, vs. City of
Minneapolis, Appellant.
Hennepin County District Court, Hon. Joseph R. Klein.
A party seeking injunctive relief under the Minnesota Environmental Rights Act (MERA), Minn. Stat. §§ 116B.01-.13 (2022), has the burden of demonstrating that the requested injunctive relief is necessary or appropriate to protect the environment and will not impose unnecessary hardship on the enjoined party.
Reversed; motion denied. Judge Keala C. Ede
Unpublished Opinions
Unpublished opinions are issued in cases that are less complicated, that involve legal issues that have already been decided in published opinions, or that will affect only the parties to that particular case. These opinions are usually shorter, do not contain extensive discussion of the facts, and are not generally relied on by other courts to the same degree as published opinions.
NONPRECEDENTIAL OPINIONS
FILED Monday, May 13, 2024
Pursuant to Minn. R. Civ. App. P. 136.01, subd. 1 (c)
1.
A23-1071
Jane Doe, Appellant, vs. Gavin Patrick Meany, Defendant, Marie Olseth MD LLC d/b/a West End Consultation Group, Respondent.
Affirmed. Chief Judge Susan L. Segal.
Hennepin County District Court, Hon. Kristin Siegesmund.
2.
A23-1068
Kevin James Kleinschmidt, Respondent, vs. Angela Rose Farkash, Appellant.
Affirmed in part, reversed in part. Chief Judge Susan L. Segal.
Crow Wing County District Court, Hon. Gary R. Larson.
3.
A23-0552
State of Minnesota, Respondent, vs. Shante Cheriece Davis, Appellant.
Affirmed. Judge Renee L. Worke.
Hennepin County District Court, Hon. Peter A. Cahill.
4.
A23-0858
State of Minnesota, Respondent, vs. Frederick Henry Heidmann, Appellant.
Affirmed. Judge Kevin G. Ross.
Crow Wing County District Court, Hon. Matthew Mallie.
5.
A23-0798
State of Minnesota, Respondent, vs. Mickela Joy Vredenburg, Appellant.
Affirmed. Judge Kevin G. Ross.
Olmsted County District Court, Hon. Christina Kilbo Stevens.
6.
A23-0794
State of Minnesota, Respondent, vs. Yaroslav Yaroslavovich Murza, Appellant.
Affirmed. Judge Kevin G. Ross.
Hennepin County District Court, Hon. John Lucas.
7.
A23-0721
State of Minnesota, Respondent, vs. Domenico Nicolai Newton, Appellant.
Affirmed. Judge Kevin G. Ross.
Dakota County District Court, Hon. Kathryn I. Landrum.
8.
A23-0580
State of Minnesota, Respondent, vs. Marcus Samuel Smith, Appellant.
Affirmed. Judge Kevin G. Ross.
Hennepin County District Court, Hon. Daniel C. Moreno.
9.
A23-1189
Elizabeth Young, Relator, vs. Coborn's Inc., Respondent, Department of Employment and Economic Development, Respondent.
Affirmed. Judge Francis J. Connolly.
Department of Employment and Economic Development
10.
A23-0923
State of Minnesota, Respondent, vs. Colleen Purificacion Larson, Appellant.
Affirmed. Judge Francis J. Connolly.
Hennepin County District Court, Hon. Shereen Askalani.
11.
A23-1369
Andrew Michael Larson, petitioner, Appellant, vs. Julie Christine Larson, Respondent.
Affirmed in part, reversed in part, and remanded. Judge Matthew E. Johnson.
Sherburne County District Court, Hon. Karen Schommer.
12.
A23-1035
State of Minnesota, Respondent, vs. Robert Daniel Neumiller, Appellant.
Affirmed. Judge Michelle A. Larkin.
Dissenting, Judge Kevin G. Ross.
Stearns County District Court, Hon. Heidi E. Schultz.
13.
A23-1744
In the Matter of the Civil Commitment of: Rodrick Dean Pouncy, Jr.
Affirmed. Judge Louise Dovre Bjorkman.
Anoka County District Court, Hon. Kevin J. Mueller.
14.
A23-1027
Muhammad Rahshawn Bush, petitioner, Appellant, vs. Kelsey Anne Link, Respondent.
Affirmed. Judge Louise Dovre Bjorkman.
Olmsted County District Court, Hon. Lisa R. Hayne.
15.
A22-0799
State of Minnesota, Respondent, vs. Kevin Lee Anthony, Appellant.
Affirmed. Judge Peter M. Reyes, Jr.
Hennepin County District Court, Hon. William H. Koch.
16.
A23-1275
Doug Hoskin, Appellant, vs. Josh Krsnak, et al., Respondents.
Affirmed. Judge Diane B. Bratvold.
Hennepin County District Court, Hon. Bridget Sullivan.
17.
A23-0767
State of Minnesota, Respondent, vs. James Michael Peterson, Appellant.
Affirmed. Judge Diane B. Bratvold.
St. Louis County District Court, Hon. Leslie Beiers.
18.
A23-0744
State of Minnesota, Respondent, vs. Raymont Michael Redmond, Appellant.
Affirmed. Judge Jeanne M. Cochran.
Hennepin County District Court, Hon. Shereen Askalani.
19.
A23-0546
Corey Pearson, Appellant, vs. St. Cloud Hospital, et al., Respondents, Emergency Physicians Professional Association, Respondent.
Affirmed. Judge Jeanne M. Cochran.
Stearns County District Court, Hon. Shan C. Wang.
20.
A22-0835
State of Minnesota, Respondent, vs. John Kevin Melina, Appellant.
Affirmed. Judge Jeanne M. Cochran.
Wright County District Court, Hon. Catherine McPherson.
21.
A23-1642
Fidele Ndaruhutse, petitioner, Appellant, vs. State of Minnesota, Respondent.
Affirmed. Judge Jennifer Frisch.
Clay County District Court, Hon. Tammy L. Merkins.
22.
A23-1184
Akpene Yaa Asempa, petitioner, Appellant, vs. State of Minnesota, Respondent.
Affirmed. Judge Sarah Wheelock.
Ramsey County District Court, Hon. Joy D. Bartscher.
23.
A23-0897
State of Minnesota, Respondent, vs. Jesse James Niesen, Appellant.
Affirmed. Judge Sarah Wheelock.
Kanabec County District Court, Hon. Todd R. Schoffelman.
24.
A23-1127
In re the Estate of Roger Abrahamson, Deceased.
Affirmed. Judge Keala C. Ede.
Anoka County District Court, Hon. John Dehen.
25.
A23-1084
In the Appeal of Maren Erickson for Maltreatment of a Minor.
Affirmed. Judge Keala C. Ede.
Hennepin County District Court, Hon. Bridget Sullivan.
26.
A23-1142
Sarah Mae DeVille, petitioner, Respondent, vs. Darren Lee Hickey, Appellant.
Affirmed. Judge Michael L. Kirk.*
Hennepin County District Court, Hon. Laura Marie Thomas.
27.
A23-0810
ln the Matter of the Appeal of the Termination of Angela Gibson's lease under the Family Affordable Housing Program and her Project Based
Voucher Rent Assistance.
Affirmed. Judge Michael L. Kirk.*
Metropolitan Housing and Redevelopment Authority.
28.
A23-1183
In the Matter of Rebecca Halling OBO Minor Children, Respondent, vs. Francis Halling, Appellant.
Affirmed. Judge Roger M. Klaphake .*
Wright County District Court, Hon. Suzanne Bollman.
29.
A23-0952
State of Minnesota, Respondent, vs. Tyler Gregory Opatz, Appellant.
Affirmed. Judge Roger M. Klaphake.*
Stearns County District Court, Hon. Sarah E. Hennesy.
*Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.
Order Opinions
Cases that involve a few simple issues may be decided by order opinions, which include little discussion of the facts of the case and a brief analysis of the laws that are involved.
RECENT ORDER OPINIONS
May 13, 2024
1.
A23-1588
Morgan V. Wayne-Lagarejo, Relator, vs. Wells Fargo Bank, N.A., Respondent, Department of Employment and Economic Development,
Respondent.
Affirmed. Judge Kevin G. Ross.
Department of Employment and Economic Development
2.
A23-0977
Charles E. Sledge, Relator, vs. Ruan, Respondent, Department of Employment and Economic Development, Respondent.
Affirmed. Judge Kevin G. Ross.
Department of Employment and Economic Development
3.
A23-0517
State of Minnesota, Respondent, vs. George Terutaka Okochi, Appellant.
Affirmed in part, reversed in part, and remanded. Judge Michelle A. Larkin.
Hennepin County District Court, Hon. Michael E. Burns.
4.
A23-1317
Zachiea Properties, Respondent, vs. Donald Chounard, Appellant.
Reversed and remanded. Judge Jennifer Frisch.
Becker County District Court, Hon. Gretchen Thilmony.
5.
A23-1074
In re the Estate of: Joseph Michael Robbie a/k/a Joseph M. Robbie, Deceased.
Reversed and remanded. Judge Theodora K. Gaitas.
McLeod County District Court, Hon. Jody L. Winter.
6.
A23-1468
Kevin Donovan Raker, petitioner, Appellant, vs. State of Minnesota, Respondent.
Affirmed. Judge JaPaul J Harris.
Mower County District Court, Hon. Kevin Siefken.
Special Release Opinions
NO SPECIAL RELEASE OPINIONS FILED
Opinion Sets
Opinion sets contain all published, unpublished, and order opinions. The sets are compressed into files that must be unpacked before opening them.
Opinion Sets For Opinions
Filed Monday, May 13, 2024
Opinion Set in a Zipped PDF Format
- Click the above link.
- Save the unzipped file to your computer.
- Choose the "Open" option on the Download Complete screen.
- Extract the files to a location of your choice.
- Open the extracted file.