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PHELPS v. STATE

No. A12-0934.

823 N.W.2d 891 (2012)

Paul J. PHELPS and Todd M. Phelps, Co-Trustees of The Boulder Shore Trust dated September 5, 2000, Appellants, v. STATE of Minnesota, Trustee for Cass County, Minnesota, taxing district, et al., Respondents.

Court of Appeals of Minnesota.

November 19, 2012.

Attorney(s) appearing for the Case

Paul J. Phelps , Sawicki & Phelps, P.A., Inver Grove Heights, MN, for appellants.

Christopher J. Strandlie , Cass County Attorney, Barbara J. Harrington , Assistant Cass County Attorney, Walker, MN, for respondents.

Considered and decided by PETERSON, Presiding Judge; BJORKMAN, Judge; and CLEARY, Judge.

OPINION

CLEARY, Judge.

In this title dispute, respondents moved for frivolous-litigation sanctions against appellants under Minn. R. Gen. Pract. 9.01. Respondents did not make a motion for summary judgment before or during the hearing on their motion for sanctions. After a hearing on respondents' rule 9 motion, the district court issued an order construing respondents' answer to include a statute-of-limitations defense, denying sanctions, and granting respondents...

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