Brula v. St. Louis County

I respectfully dissent. The majority is correct in stating that Shanahan v. District Mem’l Hosp., 495 N.W.2d 894 (Minn.App. 1993), and Seacrist v. City of Cottage Grove, 344 N.W.2d .889 (Minn.App.1984), set out the test for determining whether a resignation is voluntary under Minnesota law. I believe, however, that the lack of Minnesota precedent and the strength of federal precedent, as well as the policy of the Veterans Preference Act, require us to make an exception where a resignation is not of the veteran’s free will due to mental incompetence or post-traumatic stress disorder.

First,…