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2004-02-11 CC Meeting
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2004-02-11 CC Meeting
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<br /> <br /> <br />GOVERNMl:NTAL IMMUNITIES <br /> <br />Recreational-use immunity <br /> <br />Habeck brought a wrongful-death action <br />after a child's death that occurred as a <br />result of fulling from a tractor-trailer used <br />to transport county fur visitors within <br />the county fairgrounds. The county and <br />the tractor-trailer driver brought a <br />motion for summary judgment, arguing <br />they were protected from liability under <br />the recreational-use inununity statute, <br />Minn. Stat. ~ 466.03, subd. 6e. The <br />district court dertied summary judgment, <br />ruling that the term "property" in the <br />recreational-use immunity statute meant <br />real estate itself, including fixtures and <br />appurtenances, and excluded the tractOT- <br />trailer. The MN Court of Appeals <br />reversed, holding that county-sponsored <br />transportation of county fair visitors <br />within county fairgrounds is a recre- <br />ational service for the purposes of the <br />recreational-use immunity statute. The <br />Court of Appeals further ruled that the <br />child-trespasser standard, tather than the <br />less rigorous general trespass standard, is <br />the appropriate standard for the district <br />court to apply in deterrrtirting liability <br />on remand. Habeck v. Mille Lacs County <br />Agric. Soc'y, 669 N.W.2d 907 (Minn. <br />Ct. App. 2003). <br /> <br />CRIMINAL LAW <br /> <br />Investigatory stop <br /> <br />A Chaska police officer, responding to <br />a Carver County dispatcher's description <br />of an erratic driver in Chanhassen, <br />stopped a car Y oraway was driving. <br />The stop occurted outside of Chaska. <br />Y oraway challenged the district court's <br />subsequent order sustaining the revoca- <br />tion of his driver's license under the <br />implied-consent law, arguing that the <br />arresting officer had no authority to stop <br />him when the alleged illegal driving <br />occurred outside the officer's territorial <br />jurisdiction. The MN Court of Appeals <br />held that a police officer has authority <br />to stop a vehicle when the illegal activity <br /> <br />JANUARY 2004 <br /> <br /> <br />commences and the stop occurs com- <br />pletely out of the officer's jurisdiction, <br />if the officer is acting within the course <br />and scope of employment. The Court <br />of Appeals further held that an on-duty <br />police officer is acting within the course <br />and scope of employment and may <br />lawfully stop a vehicle outside the <br />officer's jurisdiction when assisting an <br />officer of another jurisdiction. Yoraway <br />v. Commissioner of Pub. Sqfety, 669 <br />N.W.2d 622 (Minn. Ct. App. 2003). <br /> <br />LOCAL IMPROVEMENTS <br /> <br />Special assessments <br /> <br />The Roberts own property that was <br />specially assessed $17,300 for installation <br />of infrastructure, including sewer, water, <br />curbs, gutters, and bituminous streets. <br />The Roberts appealed the assessment <br />pursuant to Minn. Stat. ~ 429.081. At <br />trial, the Roberts called no expert wit- <br />nesses of their own but cross-examined <br />the city's expert. The city called an <br />expert appraiser who testified that the <br />improvemenfs added a value of at least <br />$25,000. The trial court ruled the Rob- <br />erts had fuled to meet their burden of <br />proof in challenging the assessment and <br />dismissed the appeal. The MN Court <br />of Appeals affirmed, holding that the <br />Roberts had fuled to rebut the common- <br />law presumption of validity because they <br />had offered no evidence to counter the <br />city's expert witness who testified that <br />the special benefit is greater than the <br />assessment. Roberts v. City of Lake Crys- <br />tal, A03-172 (Minn. Ct. App. Nov. 4, <br />2003) (unpublished opinion). <br /> <br />LICENSING <br /> <br />Dangerous dogs <br /> <br />After Pittman's dog allegedly chased and <br />bit a rtine-year-old boy, the city declared <br />the dog potentially dangerous and placed <br />restrictions on it. Pittman appealed the <br />decision and the city held a hearing <br />before a hearing officer. Based on evi- <br />dence and testimony presented at the <br /> <br />MINNESOTA CITIES <br /> <br /> <br /> <br />hearing, the officer deterrrtined that after <br />Pittman's daughter let the dog out of its <br />kennel, the dog escaped, ran around the <br />house, and chased the rtine-year-old boy; <br />when the boy tripped and fell, the dog <br />bit the boy. The officer upheld the <br />decision and found the dog potentially <br />dangerous. Pittman challenged the <br />decision by writ of certiorari. The MN <br />Court of Appeals affirmed, holding that <br />evidence in the record reasonably sup- <br />ported the determination that the dog <br />was potentially dangerous. Pittman v. City <br />of St. Paul, C4-03-196 (Minn. Ct. App. <br />Sept. 23, 2003) (unpublished opirtion). <br /> <br />TELECOMMUNICATIONS <br /> <br />Internet voice communication <br />v onage markets and sells a service that <br />allows customers to place and receive <br />voice communications over the Internet. <br />The MN Dept_ of Commerce filed a <br />complaint with the MN Public Utilities <br />Commission (pUC), alleging Vouage had <br />fuiled to comply with requirements for <br />providing telephone service in Minne- <br />sota. The PUC concluded that V onage <br />was required to comply with Minnesota <br />statues and rules regarding the offering <br />of telephone service. V onage filed a <br />complaint in federal district court seeking <br />a preliminary injunction. The court <br />granted the injunction, holding that <br />Tide ][ of the federal Commurtications <br />Act of 1996 pre-empted state regulation <br />of information service providers like <br />Vonage. The court ruled that Vonage's <br />voice communication service does not <br />constitute a telecommunications senrice, <br />but is an information service that uses <br />telecommunications to provide enhauced <br />functionality. Vonage Holdings Corp. v. <br />Minnesota Pub. Utils. Comm'n,_ <br />F.Supp.2d _ (D. Minn. 2003). <br /> <br />Written by led Burkett, research attorney <br />with the League of Minnesota Cities. <br />Phone: (651) 281-1224. E-mail: <br />jburkett@lmnc.org. <br /> <br />15 <br />
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