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Minnesota Questions & Answers
1 Answer | Asked in Public Benefits, Agricultural Law and Land Use & Zoning for Minnesota on
Q: Can county government take over township powers without having due process? Isn't a public hearing required?

This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".

Robert Kane
Robert Kane
answered on Apr 10, 2024

Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency.... View More

1 Answer | Asked in Personal Injury for Minnesota on
Q: I have settled a lawsuit with opposing counsel, I am self represented and the opposing counsel is adding requirements

They are asking me to get signatures from non-parties, and writing the check to non-parties. Now they are ghosting me.

My question is, are there sanctions for them doing this including paying my lawyer to collect from them. It’s an insurance company but they have been very difficult this... View More

Robert Kane
Robert Kane
answered on Apr 9, 2024

Unfortunately, we don't know who these non-parties are. There may be legitimate reasons for these demands. If you don't have an attorney, you can't be awarded attorney fees.

1 Answer | Asked in Libel & Slander for Minnesota on
Q: If someone under investigation for a crime falsely implicates you, and you must defend yourself, are you also a victim?

While living with my ex-boyfriend, our apartment was served a warrant searching for CSAM child sexual abuse material. After his phone was taken, I helped him buy another phone. Months later, after we split, I was served a subpoena. He claimed that I bought him the phone that was taken and that I... View More

Robert Kane
Robert Kane
answered on Apr 9, 2024

You may want to contact the prosecutor and victim services. Since he wasn't charged for the acts you cite, it seems unlikely you are a victim in these proceedings.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Minnesota on
Q: Wondering about legalities on contract for deed properties

Brother in law buying farm from mother in law as contact for deed. He plans on demolishing the existing home and building a new one on the foundation. He has not paid off the property in full, so wondering if he's allowed to make these changes.

Robert Kane
Robert Kane
answered on Apr 4, 2024

A contract can provide for almost anything. The parties can also amend a contract if they want to change it.

1 Answer | Asked in Elder Law, Libel & Slander and Nursing Home Abuse for Minnesota on
Q: My cousin has been trying to get my mother put in a nursing home because she has stolen from my mom.

My cousin put herself as my mom's payee for SSI payments and emergency contact without her knowledge.

Robert Kane
Robert Kane
answered on Mar 29, 2024

Please see:

https://www.hennepin.us/residents/human-services/adult-protection

Rob Kane

Eagan Attorney Orange

1 Answer | Asked in Adoption and Family Law for Minnesota on
Q: What are my leagle rights if I was told I mite be the father of a 1 year old boy that had been in children services
Robert Kane
Robert Kane
answered on Mar 28, 2024

The fact you were "told [you] mite be the father of a 1 year old boy that had been in children services" doesn't give you any rights. You need to determine how you want to proceed.

1 Answer | Asked in Child Support for Minnesota on
Q: Child support lowered

My ex got his child support lowered based on his hourly wage. He has worked a consistent and predictable overtime schedule since before we split. Shouldn’t that be calculated into his support obligation? Before we went to court his lawyer offered me a deal that included the overtime, but he... View More

Robert Kane
Robert Kane
answered on Mar 26, 2024

Unfortunately, it seems you had your day in court and may be prevented from taking any further steps at this time. Perhaps you can seek reconsideration or alike. Without knowing exactly what happened it is hard to advise. Perhaps you can afford a limited-scope representation. Good luck.

1 Answer | Asked in Contracts, Employment Law and Business Formation for Minnesota on
Q: How can a subsidiary find a new owner, when the owner wouldn't want to sell due to the subsidiary's financial success?

The subsidiary is in a very unhealthy relationship with their owner. The owner doesn't treat the subsidiary well, doesn't invest in the subsidiary and has become a competitor. Additionally, the subsidiary is charged a hefty fee for administrative support from the owner which isn't... View More

Robert Kane
Robert Kane
answered on Mar 26, 2024

I apologize, but I am not entirely sure what type of relationship you are describing. Your description would include many different scenarios. Most importantly would be any contractual obligations of the parties. I have no doubt the subsidiary has options, but I don't know what may be the best one.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I've given a 2 month notice to end lease, but the company changed. Can they still charge me for rent after the notice?

The new company claims they didn't get proper notice even though I have given notice and have moved out of the apartment. I have returned the keys. They're wanting to charge me another months rent claiming that I didn't give proper notice.

James L. Arrasmith
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answered on Mar 26, 2024

If you have given a two-month notice as per your lease agreement and have documentation to back this up, you should be protected under most rental agreements and state laws. Ensure you have copies of the notice you provided, any acknowledgment received from the old company, and any other relevant... View More

1 Answer | Asked in Gov & Administrative Law for Minnesota on
Q: I received a hands-free citation for $275. According to MN state statute 169.475 I should receive a warning. Correct?

Can you please help me interpret the wireless communications device statute? What I see is that I am supposed to first receive a warning and the second or subsequent time a $275 fine.

Robert Kane
Robert Kane
answered on Mar 25, 2024

The statute provides "a person who violates paragraph (a) a second or subsequent time must pay a fine of $275." It does not express a warning is required for a first violation. One can infer the fine should be less than $275.

1 Answer | Asked in Real Estate Law for Minnesota on
Q: How do you split up a cabin after death

My family owns a cabin in Baudete Mn. 4 siblings, my dad 1/4, My uncle 1/4, 1 aunt 1/4 and other aunt 1/4 owner of the cabin, now they all have died. So my aunt gave me her 1/4, My other aunt gave her 1/4 to my uncle, my dad has his 1/4…now my dad and uncle have just died, so we are in a... View More

Robert Kane
Robert Kane
answered on Mar 25, 2024

The are different ways to address this situation, but more information is required. Forgive me, but an analysis of ownership rights based on your specific presentation would time consuming and not something apt for a free online Q and A. I suggest you begin by researching "partition."

1 Answer | Asked in Personal Injury for Minnesota on
Q: Thousands of waste tires illegal dumped on my land by local recycling center!! Help what can I do??
Robert Kane
Robert Kane
answered on Mar 25, 2024

I have no doubt there is much more to the story. Please start here;

https://www.minneapolismn.gov/resident-services/garbage-recycling-cleanup/illegal-dumping/

1 Answer | Asked in Criminal Law for Minnesota on
Q: Is the minnesota predatory offender registry fall under a civil or criminal area?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 25, 2024

It is a statute that imposes criminal consequences for failure to comply.

1 Answer | Asked in Personal Injury for Minnesota on
Q: My son died in 2021.funeral home has not given me my son's remains.what can I do ?
Robert Kane
Robert Kane
answered on Mar 24, 2024

Why hasn't the funeral home given you the remains? Perhaps repost with more information.

1 Answer | Asked in Contracts for Minnesota on
Q: Contractor Proposal and records access from government

Hospital wants us to add a section in our parking lot repair proposal about letting the government have access our records and books for 4 years. Do we have to have that verbiage in our proposal? In 40 years of business, we have never had to include that.

Robert Kane
Robert Kane
answered on Mar 21, 2024

You do not have to have that verbiage in your proposal. Likewise, they do not need to accept your proposal. Unfortunately, without a better understanding of the situation, I don't know what leverage you have in negotiating.

1 Answer | Asked in Criminal Law for Minnesota on
Q: How does a person get a charge expunged so that his gun rights can be restored. He is now 45 years old .

He has not been in any trouble since then. He was 15 when this happened.

Robert Kane
Robert Kane
answered on Mar 19, 2024

Having a criminal record expunged may not restore a person's right to possess firearms. You don't provide enough detail to determine your situation. An attorney can assist you if you want it done properly. Some attorneys are affordable and some are not.

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I was never served on a conciliation court hearing and a judgement was issued. How do I tell the judge?
Robert Kane
Robert Kane
answered on Mar 7, 2024

You will need to file and serve a Notice and Motion to Vacate Conciliation Court Judgment. The forms vary depending on when the judgment was sent. An attorney can help you for likely a minimal fee. If the judgment is over $7,500 it may be worth it.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: During the araignment can one ask if the charge is Sovereign rights violation or a contract statute violation?

Clearfield Doctrine: [4] Corporations are not and can never be SOVEREIGN. They are not real, they are a fiction and only exist on paper. 5] Therefore, all laws created by these government corporations are private corporate regulations called public law, statutes, codes and ordinances to conceal... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

This is a bunch of nonsense. Folks have been raising sovereign citizen arguments for at least the last 15 or 20 years, probably longer. They aren't successful. If they were, these arguments would be raised in every single criminal case and no one would be convicted.

1 Answer | Asked in Land Use & Zoning for Minnesota on
Q: Are Items touching neighbors fence considered trespassing?
Robert Kane
Robert Kane
answered on Mar 3, 2024

Items touching neighbors fence could be considered trespassing.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can I be fired for repeating known workarounds to a company policy to my team members heard from my manager?

Company policy at my remote company does not allow working outside the lower 48. I repeated this policy to my direct report. I also told them no one really checks where we work from, which I heard directly from my manager and the president of the company. I also had direct knowledge of other team... View More

Robert Kane
Robert Kane
answered on Feb 27, 2024

Unless your position is covered by a contract prohibiting this specific termination, there is probably nothing inappropriate or unfair. Feel free to seek a legal opinion.

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