A07-645 Evelyn I. Rechtzigel Trust, by its Trustees Frank Rechtzigel
and Gene Rechtzigel, Appellant, vs. Fidelity National Title
Insurance Company of New York, Respondent; Pulte Title
Agency of Minnesota, LLC, Respondent.
Dakota County District Court, Hon. Richard G. Spicer.
1. Unless claims are asserted that threaten the marketability of title or other risks specified in the policy, title insurance does not cover monetary losses incurred by the insured arising out of the bankruptcy of a qualified intermediary in a 26 U.S.C. § 1031 like-kind exchange.
2. If a bankruptcy trustee's preference action against an insured does not implicate the marketability of title to real property or other risks specified in the title insurance policy, the title insurer has no duty to defend under a title insurance policy.
Affirmed. Judge David Minge.
A07-310 City of West St. Paul, Respondent, vs. Alice Jane Krengel,
Appellant.
Dakota Cohttp://www.mncourts.gov/opinions/coa/current/opa070310-0506.pdfunty District Court, Hon. Leslie May Metzen.
1. A district court may not issue a permanent injunction to abate a public nuisance pursuant to Minn. Stat. § 617.83 (2006) unless the public nuisance exists at the time of the hearing on the request for the permanent injunction.
2. A public nuisance exists for purposes of Minn. Stat. § 617.83 (2006) if two or more incidents of statutorily defined nuisance activity have occurred within the 12-month period preceding the hearing on the request for the permanent injunction.
Vacated; motion denied. Judge Matthew E. Johnson.
Dissenting, Judge Gary L. Crippen.*
