OPINIONS OF THE SUPREME COURT
FILED Wednesday, February 24, 2021
NOTICE - MEDIA RELEASE TIME IS 10:00 A.M.
Menard, Inc., Relator vs. Commissioner of Revenue, Respondent.
Because there is no debt owed to relator, and relator’s revenue sharing agreement with a credit card lender does not make relator a guarantor of cardholder debt, relator is not entitled to an offset of sales tax liability under Minn. Stat. § 297A.81, subd. 1 (2020).
Affirmed. Chief Justice Lorie S. Gildea.
In the Matter of Issuance of Air Emissions Permit No. 13700345-101 for Polymet
A19-0134 Mining, Inc., City of Hoyt Lakes, St. Louis County, Minnesota.
Court of Appeals.
The Minnesota Pollution Control Agency is not required under the Clean Air Act, 42 U.S.C. §§ 7401–7671q, and its applicable regulations to investigate allegations of sham permitting when a source first applies for a synthetic minor source permit.
Reversed and remanded. Justice Margaret H. Chutich.
Took no part, Justice Paul C. Thissen.
In re Petition for Disciplinary Action against Samuel A. McCloud, a Minnesota Attorney, Registration No. 0069693.
1. The record supports the referee’s findings of fact and conclusions of law that respondent violated the Minnesota Rules of Professional Conduct by instructing a client not to attend a criminal pretrial hearing without legal justification and failing to communicate with the court or attend hearings.
2. To the extent that the referee relied on the fact that respondent’s misconduct occurred during probation as both a violation of the Minnesota Rules of Professional Conduct and as an aggravating factor to increase respondent’s recommended discipline, the referee clearly erred.
3. Given the aggravating factors present, a 60-day suspension is the appropriate discipline for respondent after he instructed his client not to attend a criminal pretrial hearing with no legal justification, failed to request a continuance or otherwise communicate with the court regarding his planned absences from a pretrial hearing and a hearing designated as a trial date, and failed to attend these hearings.
Suspended. Per Curiam.
In re Petition for Reinstatement of Karl Steven Nastrom, a Minnesota Attorney, Registration No. 0312563.
Reinstated. Justice Natalie E. Hudson.