Feature: SaveWCAL to file Petition for Review with Minnesota Supreme Court

This past weekend, the board of SaveWCAL met to review and discuss the recent decision by the Minnesota Court of Appeals regarding SaveWCAL's Petition To Redress Breach Of Trust.
The board has decided to file a Petition to Review with the Minnesota Supreme Court.Related Posts:Minnesota Court of Appeals issues WCAL decisionMN Court of Appeals changes venue [...]

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Judge Bernard Borene

SaveWCAL files Appeal Reply Brief

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On June 24, 2009, SaveWCAL attorney Michael McNabb filed SaveWCAL's Reply Brief [PDF, 20 pages, 152 KB] in response to the respondent briefs filed by St. Olaf College and Minnesota Public Radio on June 15.
The Minnesota State Court of Appeals will now determine and set a date for oral arguments before the court.
SaveWCAL will post [...]

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June 15, 2009: Minnesota AG, MPR and St. Olaf file Appeal Briefs

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This week, SaveWCAL received the briefs filed with the Minnesota Court of Appeals by the Minnesota Attorney General, Minnesota Public Radio and St. Olaf College. The briefs were, in general, well written and held no surprises. SaveWCAL now has the opportunity to file another 20-page brief in response to what has been received. From the [...]

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The Statement of Facts: The basis upon which the Appeals Court will make its decision

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Below is the Statement of Facts from the Rice County District Court Order entered on February 26, 2009.
These findings made by Judge Bernard Borene are consistent with the information that SaveWCAL has presented to the court from the very beginning of the case.
These facts provide the foundation for the correct application of the law on [...]

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May 12, 2009: Rice County District Court Reporter files Certificate

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On May 12, 2009, SaveWCAL received a copy of the Certificate [PDF, 1 page , 92 KB] filed with the Minnesota Court of Appeals by the Rice County District Court reporter who completed and filed the transcript of the December 18, 2008 hearing on SaveWCAL's Petition To Redress Breach of Trust.
The court reporter's certificate says, [...]

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May 11, 2009: SaveWCAL files Memorandum re Briefs

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On May 11, 2009, SaveWCAL attorney Michael McNabb filed SaveWCAL's Memorandum re Briefs [PDF, 3 pages, 184 KB] in response to the St. Olaf attorneys' Response to SaveWCAL's Motion re Briefs and Affidavit re Transcript in the matter of SaveWCAL's Petition to Redress Breach of Trust.
McNabb says, in part,
First, a transcript of the hearing in [...]

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May 8, 2009: St. Olaf College completes/files Response to Motion re Briefs

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On May 8, 2009, the St. Olaf attorneys complete St. Olaf's Response [PDF, 4 pages, 252 KB] to SaveWCAL's Motion re Briefs and Affidavit re Transcript in the matter of SaveWCAL's Petition to Redress Breach of Trust. St. Olaf's response, however, is not filed with the Minnesota Court of Appeals until Monday, May 11.
SaveWCAL's Motion [...]

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May 1, 2009: St. Olaf files Statement of Case

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On May 1, 2009, St. Olaf College's attorneys filed the College's Statement of Case [PDF, 6 pages, 448 KB] in the matter of the SaveWCAL Petition to Redress Breach of Trust now in front of the Minnesota State Court of Appeals.
The function of a Statement of Case to the Court of Appeals is to present [...]

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Why SaveWCAL has an excellent case for appeal

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We are not "tilting at windmills" here. Minnesota law is clearly on our side.
On appeal from summary judgment the appellate court reviews de novo whether there are any genuine issues of material fact and whether the district court erred in its application of the law.
SaveWCAL does not have to challenge or contest the Findings of [...]

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SaveWCAL to appeal

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The SaveWCAL board has announced its unanimous decision to proceed with an appeal of the SaveWCAL Petition To Redress Breach Of Trust and will take the case to the Minnesota State Court of Appeals.
WCAL was the first  listener-supported radio station in the United States and had served the community for more than 80 years when [...]

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Articles in Northfield media: RCDC Order

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There has been coverage of the recent Rice County District Court Order regarding SaveWCAL's Petition To Redress Breach Of Trust in the local media.

"Court dismisses SaveWCAL petition, rules in favor of St. Olaf and MPR" (KYMN Radio)
"WCAL sale valid, judge says" (Northfield News)
"Judge Borene rules in favor of St. Olaf and MPR vs. SaveWCAL" (Locally [...]

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Rice County District Court Order arrives

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On February 26, 2009 Rice County District Court Judge Bernard Borene issued his Order [PDF, 21 pages] regarding SaveWCAL's Petition To Redress Breach Of Trust and St. Olaf College's and MPR's requests for Summary Judgement.
The judge issued a Summary Judgement in which he ruled against SaveWCAL on all points.
The ruling of Judge Borene is in [...]

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