IN RE ROSCKES v. COUNTY OF CARVER

No. A09-1821.

783 N.W.2d 220 (2010)

In re the Matter of the Appeal of Edna R. ROSCKES, et al., petitioners, Appellants, v. COUNTY OF CARVER, Community Social Services, Respondent, Commissioner of Minnesota Department of Human Services, Respondent.

Court of Appeals of Minnesota.

June 8, 2010.


Attorney(s) appearing for the Case

Charles W. Hollenhorst, Nicklaus, Braaten & Hollenhorst, P.L.L.C., Chaska, MN, for appellants.

James W. Keeler, Jr., Carver County Attorney, Thomas W. Haines, Assistant County Attorney, Chaska, MN, for respondent County of Carver, Community Social Services.

Lori Swanson, Attorney General, Robin C. Vue-Benson, Assistant Attorney General, Corrie Baer Oberg, Assistant Attorney General, St. Paul, MN, for respondent Commissioner of Minnesota Department of Human Services.

Considered and decided by LARKIN, Presiding Judge; WORKE, Judge; and COLLINS, Judge.


OPINION

WORKE, Judge.

Appellant-trustee, on his own behalf and on behalf of the decedent's estate, argues that funds in the decedent's trust were not available to her for purposes of determining medical-assistance eligibility, and also seeks to recover fees and other costs from the state under Minn.Stat. § 15.472 (2008). Respondents argue that the district court did not have subject-matter jurisdiction to consider this appeal because the notice of appeal...

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