DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
173143P.pdf 08/17/2018 Zach Hillesheim v. Holiday Stationstores, Inc.
U.S. Court of Appeals Case No: 17-3143
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Stras, Author, with Wollman and Arnold, Circuit Judges]
Civil Case - Americans with Disabilities Act. Hillesheim filed state court
claim of discrimination under the Americans with Disabilities Act and
Minnesota Human Rights Act relating to parking lot access at Holiday
Stationstores. Case was removed to federal court. District court?s
dismissal of two claims for lack of standing and one claim for lack of
subject matter jurisdiction are reversed. Because Hillesheim failed to
show injury as a result of lack of an access aisle and lack of vertical
sign posts, he lacked Article III standing, but district court erred in
dismissing claims rather than remanding the claims to state court. As to
the presence of a garbage can near the top of the curb ramp, the district
court erred in granting summary judgment to Holiday as a matter of law
based on the evaluation of a photograph. This claim is remanded to the
district court to consider whether to exercise supplemental jurisdiction
over the remaining claim.