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GOVERNMl:NTAL IMMUNITIES Recreational-use immunity Habeck brought a wrongful-death action after a child's death that occurred as a result of fulling from a tractor-trailer used to transport county fur visitors within the county fairgrounds. The county and the tractor-trailer driver brought a motion for summary judgment, arguing they were protected from liability under the recreational-use inununity statute, Minn. Stat. ~ 466.03, subd. 6e. The district court dertied summary judgment, ruling that the term "property" in the recreational-use immunity statute meant real estate itself, including fixtures and appurtenances, and excluded the tractOT- trailer. The MN Court of Appeals reversed, holding that county-sponsored transportation of county fair visitors within county fairgrounds is a recre- ational service for the purposes of the recreational-use immunity statute. The Court of Appeals further ruled that the child-trespasser standard, tather than the less rigorous general trespass standard, is the appropriate standard for the district court to apply in deterrrtirting liability on remand. Habeck v. Mille Lacs County Agric. Soc'y, 669 N.W.2d 907 (Minn. Ct. App. 2003). CRIMINAL LAW Investigatory stop A Chaska police officer, responding to a Carver County dispatcher's description of an erratic driver in Chanhassen, stopped a car Y oraway was driving. The stop occurted outside of Chaska. Y oraway challenged the district court's subsequent order sustaining the revoca- tion of his driver's license under the implied-consent law, arguing that the arresting officer had no authority to stop him when the alleged illegal driving occurred outside the officer's territorial jurisdiction. The MN Court of Appeals held that a police officer has authority to stop a vehicle when the illegal activity JANUARY 2004 commences and the stop occurs com- pletely out of the officer's jurisdiction, if the officer is acting within the course and scope of employment. The Court of Appeals further held that an on-duty police officer is acting within the course and scope of employment and may lawfully stop a vehicle outside the officer's jurisdiction when assisting an officer of another jurisdiction. Yoraway v. Commissioner of Pub. Sqfety, 669 N.W.2d 622 (Minn. Ct. App. 2003). LOCAL IMPROVEMENTS Special assessments The Roberts own property that was specially assessed $17,300 for installation of infrastructure, including sewer, water, curbs, gutters, and bituminous streets. The Roberts appealed the assessment pursuant to Minn. Stat. ~ 429.081. At trial, the Roberts called no expert wit- nesses of their own but cross-examined the city's expert. The city called an expert appraiser who testified that the improvemenfs added a value of at least $25,000. The trial court ruled the Rob- erts had fuled to meet their burden of proof in challenging the assessment and dismissed the appeal. The MN Court of Appeals affirmed, holding that the Roberts had fuled to rebut the common- law presumption of validity because they had offered no evidence to counter the city's expert witness who testified that the special benefit is greater than the assessment. Roberts v. City of Lake Crys- tal, A03-172 (Minn. Ct. App. Nov. 4, 2003) (unpublished opinion). LICENSING Dangerous dogs After Pittman's dog allegedly chased and bit a rtine-year-old boy, the city declared the dog potentially dangerous and placed restrictions on it. Pittman appealed the decision and the city held a hearing before a hearing officer. Based on evi- dence and testimony presented at the MINNESOTA CITIES hearing, the officer deterrrtined that after Pittman's daughter let the dog out of its kennel, the dog escaped, ran around the house, and chased the rtine-year-old boy; when the boy tripped and fell, the dog bit the boy. The officer upheld the decision and found the dog potentially dangerous. Pittman challenged the decision by writ of certiorari. The MN Court of Appeals affirmed, holding that evidence in the record reasonably sup- ported the determination that the dog was potentially dangerous. Pittman v. City of St. Paul, C4-03-196 (Minn. Ct. App. Sept. 23, 2003) (unpublished opirtion). TELECOMMUNICATIONS Internet voice communication v onage markets and sells a service that allows customers to place and receive voice communications over the Internet. The MN Dept_ of Commerce filed a complaint with the MN Public Utilities Commission (pUC), alleging Vouage had fuiled to comply with requirements for providing telephone service in Minne- sota. The PUC concluded that V onage was required to comply with Minnesota statues and rules regarding the offering of telephone service. V onage filed a complaint in federal district court seeking a preliminary injunction. The court granted the injunction, holding that Tide ][ of the federal Commurtications Act of 1996 pre-empted state regulation of information service providers like Vonage. The court ruled that Vonage's voice communication service does not constitute a telecommunications senrice, but is an information service that uses telecommunications to provide enhauced functionality. Vonage Holdings Corp. v. Minnesota Pub. Utils. Comm'n,_ F.Supp.2d _ (D. Minn. 2003). Written by led Burkett, research attorney with the League of Minnesota Cities. Phone: (651) 281-1224. E-mail: jburkett@lmnc.org. 15