Cited by

Opinions in Minnesota that cite Hebert v. City of Fifty Lakes, 744 N.W.2d 226.

146 citing documents.

40 Ventures LLC v. Minnesquam, L.L.C., et al Minn. Ct. App. 2020
Philip Carlson, Virginia Carlson v. Minnesota Department of Labor and Industry, Bryan Crane, Karen Crane Minn. Ct. App. 2020
A party cannot prevail against a motion to dismiss by advancing “ [l]egal conclusions masquerading as factual conclusions .” Hebert v. City of Fifty Lakes , (quotation omitted).
Joel S. Rabbe, et al v. Farmers State Bank of Trimont, et al., First Financial Bank in Winnebago, … Minn. Ct. App. 2020
Blue Sky Real Estate, LLC v. Sunrise Banks, N.A., f/k/a University National Bank successor by merger with Park … Minn. Ct. App. 2020
Courts are “not b ound by legal conclusions st ated in a complaint when determining whether the compla int survives a motio n to dismiss for failure to state a claim.”
Brian John Blawat, et al., Floyd Blawat v. Ben Huener, et al Minn. Ct. App. 2020
Hebert v. City of Fifty Lakes
Raymond L. Semler v. Wendy K. McGowan, et al Minn. Ct. App. 2020
This court considers “only the facts alleged in the complaint, accepting those facts as true [,] and must construe all reasonable inferences in favor of the nonmoving party.” (citation omitted).
William DeRosa, Minn. 2019
William A. McClendon v. Thomas Roy, et al Minn. Ct. App. 2019
Appliance Recycling Centers of America, Inc. v. Skybridge Americas, Inc. Minn. Ct. App. 2019
Forslund v. State 924 N.W.2d 25 Minn. Ct. App. 2019
Forslund v. State 924 N.W.2d 25 Minn. Ct. App. 2019
Hebert v. City of Fifty Lakes , , 229 (Minn. 2008) (quotation omitted).
Crow Wing Cooperative Power and Light Company v. Great River Energy, et al Minn. Ct. App. 2019
Moreover, courts “are not bound by legal conclusions stated in a complaint when determining whether the complaint survives a motion to dismiss for failure to state a claim.”
Raymond Oswald, et al v. South Central Mutual Insurance Co. Minn. Ct. App. 2018
See Hebert v. City of Fifty Lakes , (noting that the court may only consider facts alleged in the complaint).
James Aeshliman, et al v. Leonard Smisek, Jr., et al., Darren Wurm, et al Minn. Ct. App. 2018
See Hebert v. City of Fifty Lakes , (“We are 11 not bound by legal conclusions sta ted in a complaint when deter mining whether the complaint survives a motion to dismiss for failure to state a claim.”).
Chester Vernon Jones v. Drew Evans, Superintendent, Minnesota Bureau of Criminal Apprehension in his official capacity Minn. Ct. App. 2018
There, a medical clinic adopted a policy providing that physicians who met certain criteria would be exempted from taking night 8 Jones also attempts to support his argument by asking the court to look to the “continual trespass doctrine.”
Maria Olson, et al v. Christenson Law Office, PLLC, et al Minn. Ct. App. 2018
Hebert v. City of Fifty Lakes
Hollis J. Larson v. The Minnesota Department of Human Services, et al Minn. Ct. App. 2018
Hebert v. City of Fifty Lakes , d 226, 229 (Minn. 2008).
Davenia Porter v. Allina Health Systems, d/b/a United Hospital, et al Minn. Ct. App. 2018
D E C I S I O N In reviewing a complaint dismissed for failure to state a claim, we review de novo whether the complaint “sets forth a legally sufficient claim for relief.”
Plaza Holdings, LLC v. Jeffrey J. Wirth, as trustee FBO Plymouth Family Trust, et al Minn. Ct. App. 2018
Hebert v. City of Fifty Lakes , d 226, 229 (Minn. 2008).
The City of Minneapolis v. Christopher Doi, et al. Below, Sitescape, Inc., a North Dakota corporation Minn. Ct. App. 2018
Minn. 2018
Specifically, in Frederick’s complaint, the allegations of which we are required to accept as true upon a motion to dismiss, Frederick alleged th at he met with Wallerich (1) on September 12 and 28, 2007, regarding drafting a new will for Frederick disinheriting Gatliff; (2) on January 8, 2008, in connection with obtaining Gatliff’s consent to the will;2 and (3) on April 9, 2010, and July 15, 2011, in connection with
Jayson Dock, et al v. Waconia Landing Homeowners Association, Inc. Minn. Ct. App. 2017
However, this court is “not bound by legal conclusions stated in a complaint.”
Paula Polinsky v. Charles M. Bolton Minn. Ct. App. 2017
(interpreting statute to avoid allowing a party to accomplish indirectly what law prohibited from being accomplished directly).
Allan Fishel, et al v. Encompass Indemnity Company Minn. Ct. App. 2017
P. 12.02(e) for failure to state a claim on which relief can be granted, the question before [an appellate] court is whether the complaint sets forth a legally sufficient claim for relief.”
RK Midway, LLC, et al v. Metropolitan Council Minn. Ct. App. 2017
RK Midway, LLC, et al v. Metropolitan Council Minn. Ct. App. 2017
A de facto taking occurs when “an entity clothed with eminent-domain power substantially interferes with an owner’s use, possession, or enjoyment of property.” (quoting Black’s Law Dictionary 1493 (8th ed. 2004)).
David Brian Pemrick v. Lori Ann Bucher, et al Minn. Ct. App. 2017
David Brian Pemrick v. Lori Ann Bucher, et al Minn. Ct. App. 2017
P. 12.02(e) for failure to state a claim on which relief can be granted, “the question before [an appellate] court is whether the complaint sets forth a legally sufficient claim for relief.” Hebert v. City of 5 Fifty Lakes
Mobile Diagnostic Imaging, Inc. v. Racheal L. Hooten f/k/a Racheal L. Jones, et al 889 N.W.2d 27 Minn. Ct. App. 2016
Mobile Diagnostic Imaging, Inc. v. Racheal L. Hooten f/k/a Racheal L. Jones, et al 889 N.W.2d 27 Minn. Ct. App. 2016
The court must accept the facts alleged in the complaint as true and construe all reasonable inferences in favor of the nonmoving party.
Wayne Nicolaison v. Kevin Moser, Director of Minnesota Sex Offender Program Minn. Ct. App. 2016
Wayne Nicolaison v. Kevin Moser, Director of Minnesota Sex Offender Program Minn. Ct. App. 2016
P. 12.02(e) for failure to state a claim on which relief can be granted, “the question before [an appellate] court is whether the complaint sets forth a legally sufficient claim for relief.” Hebert v. City of Fifty 2 Lakes
J & W Asphalt, Inc. v. Belle Plaine Township, State of Minnesota, Department of Transportation 883 N.W.2d 827 Minn. Ct. App. 2016
J & W Asphalt, Inc. v. Belle Plaine Township, State of Minnesota, Department of Transportation 883 N.W.2d 827 Minn. Ct. App. 2016
P. 12.02(e) for failure to state a claim on which relief can be granted, the question before [an appellate 4 court] is whether the complaint sets forth a legally sufficient claim for relief.”
Robert Martin, et al v. A’BULAE, LLC, et al Minn. Ct. App. 2016
Robert Martin, et al v. A’BULAE, LLC, et al Minn. Ct. App. 2016
However, we are “not bound by legal conclusions stated in a complaint.”
Marisa Hunt v. State of Minnesota, American Federation of State, County, and Municipal Employees - Minnesota Council 5 Minn. Ct. App. 2016
Marisa Hunt v. State of Minnesota, American Federation of State, County, and Municipal Employees - Minnesota Council 5 Minn. Ct. App. 2016
“We are not bound by legal conclusions stated in a complaint when determining whether the complaint survives a motion to dismiss for failure to state a claim.”
Waseca County, et al v. Minnesota Department of Transportation Minn. Ct. App. 2016
Waseca County, et al v. Minnesota Department of Transportation Minn. Ct. App. 2016
P. 12.02(e) for failure to state a claim on which relief can be granted, the question before [an appellate] court is whether the complaint sets forth a legally sufficient claim for relief.”
Mark W. Besemann v. Roger T. Weber, et al Minn. Ct. App. 2016
Mark W. Besemann v. Roger T. Weber, et al Minn. Ct. App. 2016
2 “A prescriptive easement requires the same elements [as adverse possession], but a difference exists between possessing the land for adverse possession and using the land for a prescriptive easement.” n.3 (Minn. 2008) (quotation omitted).
Terry L. Gates, et al v. Michael L. Macken, et al Minn. Ct. App. 2016
Terry L. Gates, et al v. Michael L. Macken, et al Minn. Ct. App. 2016
(noting that the standard for dismissal under Minn. R. Civ.
In re Minnwest Bank Litigation Concerning Real Property in Otsego, Minnesota, Minnwest Bank v. RTB, LLC 873 N.W.2d 135 Minn. Ct. App. 2015
In re Minnwest Bank Litigation Concerning Real Property in Otsego, Minnesota, Minnwest Bank v. RTB, LLC 873 N.W.2d 135 Minn. Ct. App. 2015
Kevin Holler, et al v. Hennepin County, et al Minn. Ct. App. 2015
Kevin Holler, et al v. Hennepin County, et al Minn. Ct. App. 2015
(noting that standard for dismissal under Minn. R. Civ.
20/20 Group, Inc. d/b/a Opportunities in Business v. Hydeaway II, LLC, et al Minn. Ct. App. 2015
20/20 Group, Inc. d/b/a Opportunities in Business v. Hydeaway II, LLC, et al Minn. Ct. App. 2015
In reviewing the sufficiency of a complaint upon a motion to dismiss, a district court must consider “only the facts alleged in the complaint, accepting those facts as true and must construe all reasonable inferences in favor of the nonmoving party.” (quotations omitted).