Opinions Archive

 2013

• 68-0320-30147 Harry Niska v. Bonn Clayton
  
  February 05, 2013 - Limiting number of witnesses called to testify at the evidentiary hearing.
• 16-2000-30201 In the Matter of the Trespass Civil Citation No. 143434 – Todd Leslie Scheuble
  
  February 04, 2013 - Poland Sr. owns the relevant land, specifically, the land south of County Road 10 and east of Highway 18. Poland and Aument saw a light gray late model Ford pickup truck parked off Highway 18 near the tree-line on Poland’s property. They drove past the vehicle and pulled over north of the truck. Poland and Aument observed Appellant step out of his vehicle and walk east into the wooded area. He was in the woods for approximately 25 minutes. Appellant did not request nor did he have permission to go upon the Poland property in Crow Wing County on November 2, 2012. Intent is not an element of trespass nor is it a defense.
• 40-3600-20809 In the Matter of the PERA Salary Determinations Affecting Retired and Active Employees of the City of Duluth, Allen Johnson, et al., Petitioners
  
  January 31, 2013 - That the Application of Petitioner Douglas Michog for fees and other expenses pursuant to Minn. Stat. § 15.472(a) is GRANTED; and That the Petitioners are AWARDED $93,297.48 in fees and expenses pursuant to Minn. Stat. 15.472(a).
• 11-1904-30359-In the Matter of the Adoption of New Expedited Permanent Rules of the Plumbing Board Regulating Backflow Prevention Rebuilder and Tester Certifications; MN Rules, Parts 4716.0095 through 4716.0097
  
  January 30, 2013 - On January 15, 2013, the Minnesota Plumbing Board (Board) filed documents with the Office of Administrative Hearings (OAH) seeking review and approval of the above-entitled rules under Minn. Stat. § 14.389 and Minn. R. 1400.2410. 4. The proposed rule parts are APPROVED.
• 68-2000-30202 In the Matter of the Appeal of the Invasive Species/Infested Waters Civil Citation #172343 - Charles Roy Peterson
  
  January 28, 2013 - The issue presented in this matter is whether Charles Peterson was properly issued a civil citation under Minn. Stat. § 84D.13 on October 25, 2012 for unlawfully possessing or transporting prohibited invasive species other than an aquatic macrophyte on September 13, 2012.
• 11-2002-22803 In the Matter of the Alteration of the Course, Current and Cross Section of Public Waters Wetland No. 12-93W by Thomas J. Gunter
  
  January 23, 2013 - IT IS HEREBY RECOMMENDED that: The Commissioner GRANT the Department’s Motion for Summary Disposition. The Commissioner AFFIRM the Findings of Fact and Order of the Department dated April 12, 2010, provided that Paragraph B(2) of the DNR Order is modified to require the removal of two, not five, tile intakes consistent with Paragraph 13 of Ethan Jenzen’s Affidavit in Support of Summary Disposition.
• 61-3100-22933 Jerry S. Berg v. Byron Independent School District
  
  January 23, 2013 - Did the District violate the Petitioner’s rights under the Veterans Preference Act, Minn. Stat. § 197.46 (VPA) in connection with his application for employment as a Transportation Manager for the District. The Administrative Law Judge concludes that the District did not materially violate the Petitioner’s veteran’s preference rights in connection with his application for the position of Transportation Manager in May 2012. The ALJ, therefore, recommends that the Commissioner order the District to provide Petitioner the reason[s] he was not selected in writing, and dismiss the remainder of Petitioner’s Petition.
• 60-2000-30203 In the Matter of the Invasive Species/Infested Waters Civil Citation #178017 - Gregory Thomas Amluxen
  
  January 22, 2013 - Did Mr. Amluxen violate Minn. Stat. § 84D.10, subd. 4(b), by transporting a boat without the drain plug removed or opened? The Administrative Law Judge recommends that the civil citation issued to Gregory Thomas Amluxen be AFFIRMED.
• 16-1800-22681 In the Matter of the Maltreatment Determinations and Orders to Forfeit a Fine for People, Inc. - Quail Creek Parkway Adult Foster Care and People, Inc. - Colonial Adult Foster Care
  
  January 18, 2013 - Is People Incorporated – Colonial Adult Foster Care responsible for maltreatment of a vulnerable adult by failing to provide adequate supervision within the meaning of Minnesota Statutes §§ 626.557, subd. 9c(c) and 626.5572, subds. 15 and 17(a)? If so, did the Department properly assess a $1,000 fine against People Inc. – Colonial Adult Foster Care pursuant to Minnesota Statutes § 245A.07, subd. 3(c)(4)?
• 16-1100-30227 In the Matter of the Risk Level Determination of Douglas B. Benike
  
  January 18, 2013 - Risk Level Determination of Douglas B. Benike