Court of Appeals Digest: Oct. 8.

Byline: Minnesota Lawyer

Civil Published

Labor

Unfair Labor Practices

Appellants firefighters' union and its president challenged the District Court's summary-judgment dismissal of their claims arising out of respondent city's decision to eliminate paid firefighter positions within the fire department. The Court of Appeals held that a city commits an unfair labor practice, within the meaning of Minn. Stat. 179A.13, subd. 2(2), when, in the midst of an operating bargaining agreement, it unilaterally restructures its fire department to eliminate all full-time firefighter positions, effectively dissolving the union. Reversed and remanded.

A18-0398 Firefighters Union Local 4725 v. City of Brainerd (Crow Wing County)

https://mn.gov/law-library-stat/archive/ctappub/2018/OPa180398-100818.pdf

Civil Unpublished

Civil Commitment

SDP; Sufficiency of the Evidence

From age 16 through age 39, appellant repeatedly and frequently raped children, including a 6-year-old girl, a 9-year-old girl, a 10-year-old boy, a 13-year-old girl, and a 14-year-old girl, one of whomthe 9-year-old girlwas appellant's daughter by his 13-year-old victim. When appellant was ending his latest prison sentence last year, the state successfully petitioned the District Court for his civil commitment as a sexually dangerous person and a sexual psychopathic personality. Appellant argued on appeal that his commitment violates his constitutional rights and rests on insufficient evidence. The Court of Appeals held that appellant's constitutional argument was baseless and that the evidence of his likelihood to reoffend was sufficient to support his commitment. Affirmed.

A18-0591 In re Civil Commitment of Allen (Hennepin County)

https://mn.gov/law-library-stat/archive/ctapun/2018/OPa180591-100818.pdf

Domestic Relations

Child Protection; Termination of Parental Rights

Appellant-mother challenged the termination of her parental rights, arguing that the record did not support the District Court's determinations that (1) respondent-county made reasonable reunification efforts, (2) she failed to comply with the duties of the parent-child relationship, (3) reasonable efforts failed to correct the conditions that formed the basis of the petition or would be futile and unreasonable, and (4) termination of parental rights was in the children's best interests. The Court of Appeals held that, regardless of whether the county's referrals for mental-health treatment were specifically for appellant's grief relating to her dead husband, the District Court did not err in finding that the county made reasonable reunification efforts. Furthermore, the record supported the finding that appellant substantially, continuously, or repeatedly refused or neglected her duties as a parent. Affirmed.

A18-0518 In re Welfare of Children of A.R. (Ramsey County)

https://mn.gov/law-library-stat/archive/ctapun/2018/opa180518-100818.pdf

Domestic Relations

Child Protection; Termination of Parental Rights

Appellant-mother challenged the District Court's decision to terminate her parental rights on the grounds that the District Court's findings were not...