Cited by
Opinions in Minnesota that cite Weston v. McWilliams & Associates, Inc., 716 N.W.2d 634.
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State Farm Mutual Automobile Insurance Company, (A13-2176), GEICO Insurance Company, (A14-0167) v. Metropolitan Council, Lashandra Scott, (A13-2176), Adelfa …
Minn. Ct. App. 2014
Weston v. McWilliams & Assocs.
- State v. Garcia-Gutierrez 844 N.W.2d 519 Minn. 2014
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State v. Garcia-Gutierrez
844 N.W.2d 519
Minn. 2014
The rule discussed in Wegener is “not available to override the plain language of a clear and unambiguous statute, except in an exceedingly rare case in which the plain meaning of the statute ‘utterly confounds’ the clear legislative purpose of the statute.” (citing Weston v. McWilliams & Assocs., Inc., ).
- Rosso v. Hallmark Homes of Minneapolis, Inc. 843 N.W.2d 798 Minn. Ct. App. 2014
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Rosso v. Hallmark Homes of Minneapolis, Inc.
843 N.W.2d 798
Minn. Ct. App. 2014
See Weston v. McWilliams & Assocs., Inc., (accepting as an undisputed fact that construction was substantially completed when the certificate of occupancy was issued).
- Doe 175 ex rel. Doe 175 v. Columbia Heights School District, ISD No. 13 842 N.W.2d 38 Minn. Ct. App. 2014
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Doe 175 ex rel. Doe 175 v. Columbia Heights School District, ISD No. 13
842 N.W.2d 38
Minn. Ct. App. 2014
v. Anda, , 363 n. 6 (Minn.2007); Weston v. McWilliams & Assoc., Inc., Oanes, d at 403 , 407 n. 4; State ex rel.
- Graves v. Wayman 816 N.W.2d 655 Minn. Ct. App. 2012
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Graves v. Wayman
816 N.W.2d 655
Minn. Ct. App. 2012
But appellate courts also have “the latitude to address any matter as the interest of justice may require.” Weston v. McWilliams & Assocs., Inc., (quotation omitted); see Minn. R. Civ.App.
- Gallaher v. Titler 812 N.W.2d 897 Minn. Ct. App. 2012
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Gallaher v. Titler
812 N.W.2d 897
Minn. Ct. App. 2012
See Weston v. McWilliams & Assocs., Inc., (“[A] statute of limitations limits the time within which a party can pursue a remedy ...
- Schatz v. Interfaith Care Center 811 N.W.2d 643 Minn. 2012
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Schatz v. Interfaith Care Center
811 N.W.2d 643
Minn. 2012
Weston v. McWilliams & Assocs., Inc., (citation omitted) (internal quotation marks omitted) (applying the plain language of a statute of repose even though it would necessarily foreclose some claims); Hyatt v. Anoka Police Dep’t, -28 (Minn.2005) (refusing to conclude that the dog bite statute was inapplicable to police
- Zimbovskiy v. Union Pacific Railroad 812 N.W.2d 867 Minn. Ct. App. 2012
- Zimbovskiy v. Union Pacific Railroad 812 N.W.2d 867 Minn. Ct. App. 2012
- Rohmiller v. Hart 811 N.W.2d 585 Minn. 2012
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Rohmiller v. Hart
811 N.W.2d 585
Minn. 2012
at 442 (citing Weston v. McWilliams & Assocs., Inc., ); see also Hyatt v. Anoka Police Dep’t, -28 (Minn.2005); Mut.
- Cisar v. Slyter 812 N.W.2d 151 Minn. Ct. App. 2012
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Cisar v. Slyter
812 N.W.2d 151
Minn. Ct. App. 2012
When, as here, “the district court grants summary judgment based on the application of a statute to undisputed facts, the result is a legal conclusion that we review de novo.” Weston v. McWilliams & Assocs., Inc.
- In re Individual 35W Bridge Litigation 806 N.W.2d 820 Minn. 2011
- In re Individual 35W Bridge Litigation 806 N.W.2d 811 Minn. 2011
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In re Individual 35W Bridge Litigation
806 N.W.2d 811
Minn. 2011
Weston v. McWilliams & Assoc., Inc.
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In re Individual 35W Bridge Litigation
806 N.W.2d 820
Minn. 2011
Jacobs relies on Weston v. McWilliams & Assoc., to argue that it has a protectable property right in a statute of repose defense.
- Pepper v. State Farm Mutual Automobile Insurance Co. 806 N.W.2d 94 Minn. Ct. App. 2011
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Pepper v. State Farm Mutual Automobile Insurance Co.
806 N.W.2d 94
Minn. Ct. App. 2011
“When the district court grants summary judgment based on the application of a statute to undisputed facts, the result is a legal conclusion that we review de novo.” Weston v. McWilliams & As-socs:, Inc.
- Curtis v. Altria Group, Inc. 792 N.W.2d 836 Minn. Ct. App. 2010
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Curtis v. Altria Group, Inc.
792 N.W.2d 836
Minn. Ct. App. 2010
“When the district court grants summary judgment based on the application of a statute to undisputed facts, the result is a legal conclusion that we review de novo.” Weston v. McWilliams & Assocs.
- Tierney v. Arrowhead Concrete Works, Inc. 791 N.W.2d 540 Minn. Ct. App. 2010
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Tierney v. Arrowhead Concrete Works, Inc.
791 N.W.2d 540
Minn. Ct. App. 2010
See Weston v. McWil-liams & Assocs., Inc., (stating that application of a statute to undisputed facts results in a legal con-elusion reviewed de novo).
- Somsen, Mueller, Lowther & Franta, PA v. Estates of Olsen 790 N.W.2d 194 Minn. Ct. App. 2010
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Somsen, Mueller, Lowther & Franta, PA v. Estates of Olsen
790 N.W.2d 194
Minn. Ct. App. 2010
“When the district court grants summary judgment based on the application of a statute to undisputed facts, the result is a legal conclusion that we review de novo.” Weston v. McWilliams & Assocs., Inc.
- In Re Individual 35w Bridge Litigation 786 N.W.2d 890 Minn. Ct. App. 2010
- In Re Individual 35w Bridge Litigation 787 N.W.2d 643 Minn. Ct. App. 2010
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In Re Individual 35w Bridge Litigation
786 N.W.2d 890
Minn. Ct. App. 2010
Weston v. McWilliams & Assocs., (alterations in original) (quoting 51 Am.Jur.2d Limitation of Actions § 18 (2000)).
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In Re Individual 35w Bridge Litigation
787 N.W.2d 643
Minn. Ct. App. 2010
In 2006, the Minnesota Supreme Court decided Weston v. McWilliams & Assocs., Inc.
- Eagan Economic Development Authority v. U-Haul Co. of Minnesota 787 N.W.2d 523 Minn. 2010
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Eagan Economic Development Authority v. U-Haul Co. of Minnesota
787 N.W.2d 523
Minn. 2010
Weston v. McWilliams & Assocs., Frank’s Nursery Sales, cf. Hursh v. Village of Long Lake, 247 Minn. 1, 5 , (interpreting a municipal resolution to decide if it conformed to statutory requirements).
- Freeman v. Swift 776 N.W.2d 485 Minn. Ct. App. 2009
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Freeman v. Swift
776 N.W.2d 485
Minn. Ct. App. 2009
Weston v. McWilliams & Assocs., Inc.
- Fleeger v. Wyeth 771 N.W.2d 524 Minn. 2009
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Fleeger v. Wyeth
771 N.W.2d 524
Minn. 2009
See Weston v. McWilliams & As socs., Inc., (noting that “statutes of limitations are procedural in nature,” as opposed to statutes of repose which are substantive); Kennecott Holdings Corp. v. Liberty Mut.
- In Re the Risk Level Determination of G.G. 771 N.W.2d 64 Minn. Ct. App. 2009
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In Re the Risk Level Determination of G.G.
771 N.W.2d 64
Minn. Ct. App. 2009
§ 645.16; see also Weston v. McWilliams & Assocs., Inc., (stating that the presumption that the legislature did not intend an absurd result cannot generally be used to override the plain language of a statute); Hyatt v. Anoka Police Dep’t, -28 (Minn.2005) (“We concluded that we could disregard a statute’s plain meaning only in rare cases
- Metro Gold, Inc. v. Coin 757 N.W.2d 924 Minn. Ct. App. 2008
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Metro Gold, Inc. v. Coin
757 N.W.2d 924
Minn. Ct. App. 2008
“When the district court grants summary judgment based on the application of a statute to undisputed facts, the result is a legal conclusion that we review de novo.” Weston v. McWilliams & Assocs., Inc., (citing Lefto v. Hoggsbreath Enters., Inc., ).
- Sletto v. Wesley Construction, Inc. 733 N.W.2d 838 Minn. Ct. App. 2007
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Sletto v. Wesley Construction, Inc.
733 N.W.2d 838
Minn. Ct. App. 2007
See Weston v. McWilliams & Assocs., Inc., (affirming district court’s dismissal of homebuilder’s contribution and indemnity claim because claim had not accrued and was not brought within ten-year period).
- Stone v. Jetmar Properties, LLC 733 N.W.2d 480 Minn. Ct. App. 2007
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Stone v. Jetmar Properties, LLC
733 N.W.2d 480
Minn. Ct. App. 2007
Weston v. McWilliams & Assocs., Inc.
- State v. Boehl 726 N.W.2d 831 Minn. Ct. App. 2007