Oscar R. Knutson

This case involved a dispute over compensation for land taken by the City of Bloomington to build a street. Brooks Investment Company purchased property from the Berglunds in 1969 after the city had already constructed the street across part of the lots without formally acquiring title or an easement. The city later initiated condemnation proceedings but named only the Berglunds as owners, paid them the award, and provided no notice to Brooks despite the recorded deed. Brooks sued the city to recover the compensation, and the court held that Brooks, as the record owner at the time of the condemnation proceeding and award, was entitled to the proceeds because the prior owners had not reserved any rights to them in the sale. The decision rested on the principle that entitlement to condemnation awards follows ownership at the time of the formal proceeding rather than the date of physical appropriation.

property

The case concerned a dispute between an insured individual (Knowlton), his former attorney (Paulos), and the disability insurer (Continental Casualty) over entitlement to future monthly benefits following a lump-sum settlement of a policy claim arising from an auto accident. After Knowlton settled his claim against Continental for past benefits and the action was dismissed, the attorney asserted a 40% contingent fee on all future payments and requested that checks be issued jointly. The trial court ruled in favor of the attorney, and the Minnesota Supreme Court affirmed, holding that the contingent fee contract covered ongoing benefits, that the fee was reasonable based on the services provided and results obtained, and that the statutory exemption for accident and disability insurance proceeds did not bar enforcement of the attorney's lien.

business & regulatoryprocedure

This case arose from a nighttime automobile collision in Minneapolis between a vehicle driven by defendant Lorraine Bush (making a left turn) and one driven by Byron Deegan carrying passengers John Wadena and David Deegan, leading to consolidated actions for damages and contribution among the parties. A jury apportioned 55% of the negligence to Bush and 45% to Deegan and awarded damages accordingly, resulting in judgments that Bush appealed. The main issue on appeal concerned the trial court's pretrial rulings excluding from hospital emergency room records certain notations describing the Deegan parties as "drunk," "intoxicated," or involved in "disorderly conduct," as well as a blood-alcohol test result. The court held that these entries were properly excluded because they constituted prejudicial hearsay not related to medical treatment and fell outside the scope of the Uniform Business Records as Evidence Act, while also addressing right-of-way and speed rules applicable to the drivers.

torts & liabilityprocedure

This case involved a dispute between owners of adjoining rural land in Winona County over the construction of a boundary fence. Appellant built the fence, entered respondent's property to cut trees, and sought to recover half the fence costs through statutory fence viewers, while respondent counterclaimed for trespass and tree damage. The jury found that neither party's land was previously improved or used, that appellant had trespassed by cutting trees worth $250, and that respondent was not entitled to treble damages; the trial court entered judgment accordingly. On appeal, the Minnesota Supreme Court affirmed, holding that Minn. St. 344.03, subd. 1 applied because the lands were not enclosed before the fence, so appellant had no right to apportion costs or privilege to enter the property, and the evidence supported the verdict on lack of prior use and the trespass claim.

propertyproceduretorts & liability

This case involved consolidated actions to determine entitlement to contract proceeds and resolve mechanics liens arising from a subcontract for prefabricated housing units in a low-cost housing project. CWS Development contracted with Modular Structures, which defaulted after receiving payments and assigning its rights to Park Plaza State Bank; CWS then completed the work and sought to offset its costs against amounts claimed under the liens assigned to the bank and another material supplier. The trial court awarded limited recovery to the bank and the supplier after applying an offset to CWS for completion expenses and directed return of remaining deposited funds to CWS. On appeal, the Minnesota Supreme Court affirmed, holding that the record evidence supported the trial court's factual findings on the offset amount and other issues, while declining to address a new argument about setoff not raised below.

propertyprocedure

The case concerned whether United States Steel Corporation owed Minnesota sales or use taxes on various operating supplies, refractory materials, and leased equipment used in its iron ore mining, steel manufacturing, and cement production operations between 1967 and 1968. The Minnesota Supreme Court affirmed the Tax Court's decision that the company was liable for the taxes on these items. The court reasoned that the statutory exemption under Minn. St. 1971 § 297A.25, subd. 1(h) for materials consumed in industrial production did not apply because the items were either machinery, equipment, tools, or supplies used for maintenance and repair rather than direct production inputs, and the exemption expressly excluded such categories even when used in manufacturing processes intended for retail sale. The court also upheld taxation of post-enactment rental payments on pre-existing leases.

taxesbusiness & regulatory