Cited by
Opinions in Minnesota that cite Sartori v. Harnischfeger Corp., 432 N.W.2d 448.
- Turner v. Commissioner of Revenue 840 N.W.2d 205 Minn. 2013
- In re the Welfare of B.A.H. 829 N.W.2d 431 Minn. Ct. App. 2013
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In re the Welfare of B.A.H.
829 N.W.2d 431
Minn. Ct. App. 2013
“The due process protection provided under the Minnesota Constitution is identical to the due process guaranteed under the Constitution of the United States.”
- State v. Ness 819 N.W.2d 219 Minn. Ct. App. 2012
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State v. Ness
819 N.W.2d 219
Minn. Ct. App. 2012
“The due process protection provided under the Minnesota Constitution is identical to the due process guaranteed under the Constitution of the United States.”
- Mitchell v. Smith 817 N.W.2d 742 Minn. Ct. App. 2012
- Mitchell v. Smith 817 N.W.2d 742 Minn. Ct. App. 2012
- State v. Krause 817 N.W.2d 136 Minn. 2012
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State v. Krause
817 N.W.2d 136
Minn. 2012
“The due process protection provided under the Minnesota Constitution is identical to the due proces[s] guaranteed under the Constitution of the United States.”
- State v. Wiseman 816 N.W.2d 689 Minn. Ct. App. 2012
- State v. Wiseman 816 N.W.2d 689 Minn. Ct. App. 2012
- Schatz v. Interfaith Care Center 811 N.W.2d 643 Minn. 2012
- Schatz v. Interfaith Care Center 811 N.W.2d 643 Minn. 2012
- Anderson v. Commissioner of Health 811 N.W.2d 162 Minn. Ct. App. 2012
- Anderson v. Commissioner of Health 811 N.W.2d 162 Minn. Ct. App. 2012
- In re Individual 35W Bridge Litigation 806 N.W.2d 820 Minn. 2011
- In re Individual 35W Bridge Litigation 806 N.W.2d 820 Minn. 2011
- Rickert v. State 795 N.W.2d 236 Minn. 2011
- Siewert v. Northern States Power Co. 793 N.W.2d 272 Minn. 2011
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Siewert v. Northern States Power Co.
793 N.W.2d 272
Minn. 2011
v. Aquila Inc., (holding that a crane fabricated on a mining facility and operated for 19 years qualified as “a permanent addition to or betterment of real property”).
- In Re Individual 35w Bridge Litigation 786 N.W.2d 890 Minn. Ct. App. 2010
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In Re Individual 35w Bridge Litigation
786 N.W.2d 890
Minn. Ct. App. 2010
1(a), as a statute of repose that “is designed to eliminate suits against architects, designers and contractors who have completed the work, turned the improvement to real property over to the owners, and no longer have any interest or control in it.”
- Nexus v. Swift 785 N.W.2d 771 Minn. Ct. App. 2010
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Nexus v. Swift
785 N.W.2d 771
Minn. Ct. App. 2010
Because statutes are presumed constitutional, the party challenging the constitutionality of a statute “bears the very heavy burden of demonstrating beyond a reasonable doubt that the statute is unconstitutional,”
- Obara v. Minnesota Department of Health 758 N.W.2d 873 Minn. Ct. App. 2008
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Obara v. Minnesota Department of Health
758 N.W.2d 873
Minn. Ct. App. 2008
“The due process protection provided under the Minnesota Constitution is identical to the due process guaranteed under the Constitution of the United States.”
- Mertins v. Commissioner of Natural Resources 755 N.W.2d 329 Minn. Ct. App. 2008
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Mertins v. Commissioner of Natural Resources
755 N.W.2d 329
Minn. Ct. App. 2008
Fosselman v. Comm’r of Human Servs.
- State Farm Fire & Casualty v. Aquila Inc. 718 N.W.2d 879 Minn. 2006
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State Farm Fire & Casualty v. Aquila Inc.
718 N.W.2d 879
Minn. 2006
This court has adopted a common-sense interpretation of the phrase “improvement to real property.” Pacific Indemnity Co. v. Thompson-Yaeger, Inc.
- Lietz v. Northern States Power Co. 718 N.W.2d 865 Minn. 2006
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Lietz v. Northern States Power Co.
718 N.W.2d 865
Minn. 2006
This court has defined such an improvement as “[A] permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs.” (quoting Pac.
- Weston v. McWilliams & Associates, Inc. 716 N.W.2d 634 Minn. 2006
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Weston v. McWilliams & Associates, Inc.
716 N.W.2d 634
Minn. 2006
But we have said that “it is extremely doubtful we would hold a statute unconstitutional if the attorney general had not been properly notified.”
- Camacho v. Todd and Leiser Homes 706 N.W.2d 49 Minn. 2005
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Camacho v. Todd and Leiser Homes
706 N.W.2d 49
Minn. 2005
See, Hodder v. Goodyear Tire & Rubber Co., , 830 n. 3 (Minn. 1988); Bulau v. Hector Plumbing & Heating Co.
- Brink v. Smith Companies Construction, Inc. 703 N.W.2d 871 Minn. Ct. App. 2005
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Brink v. Smith Companies Construction, Inc.
703 N.W.2d 871
Minn. Ct. App. 2005
“A party who challenges a Minnesota statute as unconstitutional bears the burden of establishing beyond a reasonable doubt that the statute violates some constitutional provision.”
- Sweet v. Commissioner of Human Services 702 N.W.2d 314 Minn. Ct. App. 2005
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Sweet v. Commissioner of Human Services
702 N.W.2d 314
Minn. Ct. App. 2005
“The due process protection provided under the Minnesota Constitution is identical to the due process guaranteed under the Constitution of the United States.”
- Weston v. McWilliams & Associates, Inc. 694 N.W.2d 558 Minn. Ct. App. 2005
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Weston v. McWilliams & Associates, Inc.
694 N.W.2d 558
Minn. Ct. App. 2005
see also Koes v. Advanced Design, Inc., (determining dat'e of discovery for a statute of limitations, and noting common effect of repose statutes to ultimately bar some litigation of claims before injuries are ever discovered), review denied (Minn. Feb.
- Allianz Insurance Co. v. PM Services of Eden Prairie, Inc. 691 N.W.2d 79 Minn. Ct. App. 2005
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Allianz Insurance Co. v. PM Services of Eden Prairie, Inc.
691 N.W.2d 79
Minn. Ct. App. 2005
The Minnesota Supreme Court defines an improvement to real property as “a permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs.” (quoting Pac.
- Jensen-Re Partnership v. Superior Shores Lakehome Ass'n 681 N.W.2d 42 Minn. Ct. App. 2004
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Jensen-Re Partnership v. Superior Shores Lakehome Ass'n
681 N.W.2d 42
Minn. Ct. App. 2004
Additionally, the supreme court, in analyzing the legislative intent behind Minn. Stat. § 541.051 , found that the purpose of the statute is to eliminate stale suits against “architects, designers and contractors who have completed the work, turned the improvement to real property over to the owners, and no longer have any interest or control in it.”
- Taney v. Independent School District No. 624 673 N.W.2d 497 Minn. Ct. App. 2004
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Taney v. Independent School District No. 624
673 N.W.2d 497
Minn. Ct. App. 2004
Co., (), review denied (Minn. June 10, 1992).
- Twinco Romax Automotive Warehouse, Inc. v. Olson General Contractors, Inc. 643 N.W.2d 338 Minn. Ct. App. 2002
- Twinco Romax Automotive Warehouse, Inc. v. Olson General Contractors, Inc. 643 N.W.2d 338 Minn. Ct. App. 2002