Cited by
Opinions in Minnesota that cite Emmans v. West Publishing Corp., 603 N.W.2d 650.
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In re the Estate of: Barbara Jean LaPoint
Minn. Ct. App. 2015
“If there is reasonable evidence to support the district court’s findings, we will not disturb them.”
- In re the Marriage of: Michelle Curtis v. Christopher John Hanna Minn. Ct. App. 2015
- Mark G. Warrington v. Donald E. Falk, Robert A. Schmaltz Minn. Ct. App. 2015
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Christina Wagner v. Mark Sowl
Minn. Ct. App. 2015
“If there is reasonable 4 evidence to support the district court’s findings, we will not disturb them.”
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KBW Associates, Inc. v. W.L. Hall Co.
Minn. Ct. App. 2015
P. 52.01, “we view the record in the light most favorable to the judgment of the district court.”
- In re the Matter of: C. O. v. John and Jackie Doe Minn. Ct. App. 2014
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Guava LLC, Michael Dugas v. Spencer Merkel, Qwest Communications Corporation, Respondents,John Doe 173.23.48.174, John Doe 24.111.103.45, John Doe …
Minn. Ct. App. 2014
In doing so here, we are mindful that “circumstantial evidence is entitled to as much weight as any other evidence.”
- Rasmussen v. Two Harbors Fish Co. 832 N.W.2d 790 Minn. 2013
- Woodruff v. 2008 Mercedes 831 N.W.2d 9 Minn. Ct. App. 2013
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In re the Pamela Andreas Stisser Grantor Trust
818 N.W.2d 495
Minn. 2012
Findings of fact are not clearly erroneous unless we are “left with the definite and firm conviction that a mistake has been made.” (citation omitted).
- Hebert v. CITY OF FIFTY LAKES 784 N.W.2d 848 Minn. Ct. App. 2010
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Sampair v. Village of Birchwood
784 N.W.2d 65
Minn. 2010
See Caroga Realty Co., 274 Minn. at 178 , d at 225 ; (discussing elements needed to establish adverse possession).
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In Re Estate of Butler
782 N.W.2d 829
Minn. Ct. App. 2010
-58 (Minn.1999) (reversing this court’s determination that the evidence presented to the district court was “too vague and indefinite” to prove a fact by clear and convincing evidence, and emphasizing that a reviewing court should uphold a factual finding so long as there is reasonable evidence to support it).
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Gellert v. Eginton
770 N.W.2d 190
Minn. Ct. App. 2009
And “[i]f there is reasonable evidence to support the district court’s findings, we will not disturb them.”
- Oliver v. State Ex Rel. Commissioner of Transportation 760 N.W.2d 912 Minn. Ct. App. 2009
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Hebert v. City of Fifty Lakes
744 N.W.2d 226
Minn. 2008
(listing elements of adverse possession).
- Brickner v. ONE LAND DEVELOPMENT COMPANY 742 N.W.2d 706 Minn. Ct. App. 2007
- In Re the Revocable Trust of Margolis 731 N.W.2d 539 Minn. Ct. App. 2007
- Soohoo v. Johnson 731 N.W.2d 815 Minn. 2007
- Pillandco, Inc. v. State 718 N.W.2d 470 Minn. Ct. App. 2006
- West St. Paul Federation of Teachers v. Independent School District No. 197 713 N.W.2d 366 Minn. Ct. App. 2006
- Magnuson v. Cossette 707 N.W.2d 738 Minn. Ct. App. 2006
- Busch v. Model Corp. 708 N.W.2d 546 Minn. Ct. App. 2006
- Riley Bros. Construction, Inc. v. Shuck 704 N.W.2d 197 Minn. Ct. App. 2005
- Gada v. Dedefo 684 N.W.2d 512 Minn. Ct. App. 2004
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Claussen v. City of Lauderdale
681 N.W.2d 722
Minn. Ct. App. 2004
*727 “[T]he elements of proof required to establish a prescriptive easement are the same as those necessary to establish adverse possession.”
- Rainforest Cafe, Inc. v. State Investment Board 677 N.W.2d 443 Minn. Ct. App. 2004
- In Re Estate of King 668 N.W.2d 6 Minn. Ct. App. 2003
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Wajda v. Kingsbury
652 N.W.2d 856
Minn. Ct. App. 2002
(stating that district court’s factual findings must be clearly erroneous to warrant reversal).
- Rodgers v. Knauff 649 N.W.2d 166 Minn. 2002
- In Re Custody of NAK 649 N.W.2d 166 Minn. 2002
- New Market Township v. City of New Market 648 N.W.2d 749 Minn. Ct. App. 2002
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Lambert v. Bongard
648 N.W.2d 712
Minn. Ct. App. 2002
(for adverse possession one must maintain continuous, actual possession of the property in a manner that is open, exclusive, and hostile).
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Heuer v. County of Aitkin
645 N.W.2d 753
Minn. Ct. App. 2002
4 underscores legal differences between the concepts of adverse possession and prescriptive easements.
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Ebenhoh v. Hodgman
642 N.W.2d 104
Minn. Ct. App. 2002
Boldt, d at 396 ("A prescriptive easement claim involves the same elements of proof as an adverse possession claim, subject to the inherent differences between such claims.”); Alstad, 228 Minn. at 311 , d at 375 (noting in dictum that a rebuttable presumption of hostility may aid an adverse-possession claimant unless the claimant is merely using the presumption to show actual or continuous use).
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Medtronic, Inc. v. Advanced Bionics Corp.
630 N.W.2d 438
Minn. Ct. App. 2001
(holding that even significant errors, if clerical in nature, may be corrected by the district court nunc pro tunc).
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Chancellor Manor v. Thibodeaux
628 N.W.2d 193
Minn. Ct. App. 2001
“If there is reasonable evidence to support the district court’s findings, we will not disturb them.” (citation omitted).
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Estate of Whish v. Bienfang
622 N.W.2d 847
Minn. Ct. App. 2001
(holding that trial court’s factual findings must be clearly erroneous or “manifestly contrary to the weight of the evidence or not reasonably supported by the evidence as a whole” to warrant reversal) (quoting Northern States Power Co. v. Lyon Food Products, Inc., 304 Minn. 196, 201
- Boldt v. Roth 618 N.W.2d 393 Minn. 2000
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Denman v. Gans
607 N.W.2d 788
Minn. Ct. App. 2000
“The elements necessary to establish adverse possession * * * require a showing that the property has been used in an actual, open, continuous, exclusive and hostile manner for 15 years.”
- Boldt v. Roth 604 N.W.2d 117 Minn. Ct. App. 2000