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Promoting
Self Empowerment, Self Reliance, Innovation and Awareness through:
RESOURCES • RESEARCH • SPIRITUAL FOCUS The information you, the reader, obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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| 2009 Supreme Court: 1 | 2 (oral argument) | 3 | |||
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2007,
City attempts again to remove Alice • 2008, City Appeals
to Supreme Court: 1
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" Clpn. Tessmer agreed we need to go forward with this as this law was a pretty effective tool for the City and the neighborhood and it would be nice to have this available to us in the future." "City Attorney Land explained...The opinion was a very narrow reading of the public nuisance statue that basically renders part of it ineffective...It was a published opinion which means it has statewide impact over the statutory interpretation of this public statute,,,the City has already met the deductible, any additional costs up to $250,000 are paid for by the League." |
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| EMINENT DOMAIN IN MINNESOTA... |
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| ...for the mentally ill/chemically dependent, seniors, others? | |||
| Eminent Domain Reform, Passed May 15, 2006 : 1 | 2 | ***Minnesota
Laws: CHAPTER 645 INTERPRETATION OF STATUTES AND RULES |
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NEW
UPDATE: Court Orders
and Briefs 2006
and 2007
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Other
Laws pertaining to Chemical Dependency issues: Click HERE
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staying here at the
Dorothy Day Center
(left) Ms. Alice Krengel ***E-mail
Alice Click to download and view: Letter to Alice's Legal Aid Attorney informing of Alice being homeless
Click here for Alice Krengel's Legal Counsel
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| KORINE LAND, CITY PROSECUTOR - contact | |
Minnesota
Rules of Professional Conduct
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THIS HOME
OWNED BY:
Alice Krengel
823 Allen
West St.
Paul, MN
55118
Minnesota's Public and
Private Nuisance Laws:
"...two or more behavioral incidents • committed within a building • within the previous 12 months..."
• Is it public policy to punish alcoholics who are homeowners by removing homeowners from their homes and/or confiscating their real estate? If so which law gives the state the right to do this?
• Is it public policy to court order alcoholic into treatment in a medically supervised setting for crimes pertaining to the impact of alcohol on behavior, relevant to real p[property and the management the? If so which laws give the state the right to do this?,
RE:
Escaped (from Minnesota State Hospitals) mental patients:
• Is it public policy to punish homeowners
when in patients committed to a state metal institution escape and go
to a private residence, uninvited, by by
removing homeowners from their homes and/or confiscating their real estate?
If so which law gives the state the right to do this?
• Is it public policy that
the State of Minnesota is responsible for mental patients committed to
a state mental health institution, whether or not such patients escape,
and for all actions of such patients, during the interim of any escape?
If so which law makes the state
responsible in this manner?
What
about rights:
• US
CODE: Title 42,TITLE 42—THE PUBLIC HEALTH AND WELFARE?
• 42
USC 3631?
• Is it public policy to treat persistent, chronic, alcoholics, and or the mentally ill, in in- patient medical facilities or is alcoholism now to be essentially criminalized, and treatment to be punishment by confiscation of real estate and jail, or homelessness?
• Is it public policy for alcoholics, and or the mentally ill, to be diagnosed and evaluated by government officials instead of medical professionals?
State Court Judge Promotes Community Integration for People with Mental Illnesses
Through the hard work and perseverance of Guild Incorporated, a Saint Paul-based services agency, four Minnesota's who have psychiatric disabilities will finally move into their new West Saint Paul home in mid-November. The four individuals choose to live together to benefit from 24-hour in-home support services, which Guild will provide. This follows nearly four months of protest from neighbors who say they did not want the five-bedroom, single-family home to be used in this way.
When a few of the neighbors learned Guild was purchasing the home, they expressed a variety of concerns, including concern about land use and parking, the potential for decline in property values, and fear of violent behavior. “We know there are people who need help and that there are good organizations out there helping them, we just don’t want them living next to us,” said one neighbor. Reporter Nichola Saminather quoted a next-door-neighbor as saying, “We will be afraid to let our grandkids play in our yard.”
Guild met with the neighbors at their request to answer questions and give information. While this satisfied some, the next-door neighbors stepped up their opposition by declaring their intention to close off access to the sanitary sewer line that connected the properties to the city sanitary sewer line. (The two properties had shared the sanitary sewer line for twenty years prior without any apparent difficulty.) This clouded the title. And, while it appeared that the neighbor was wrongfully and intentionally interfering with the seller’s contractual right to sell their property, city officials were unable to step in to settle this “private dispute.” The closing on the sale had to be postponed.
The matter was at an impasse. Though not without risk, it became apparent that litigation was necessary. As a first step, Guild Incorporated asked the court to grant a temporary restraining order to prevent the neighbor from interfering with the use of the sanitary sewer line, and to protect the vulnerable individuals from the harm of not having the housing and services they were promised to receive.
The result of this strategy exceeded everyone’s expectations. Not only did Judge Leslie Metzen grant the restraining order, but she also attached a strongly worded memorandum to her order, articulating the benefit of the public policy “supporting care and treatment of mentally ill persons in the community.” “Mental illness is better understood and demystified when community members come to know persons living with mental illness,” she wrote. “This public policy far outweighs the property rights of the (neighbor’s name) in maintaining exclusive control over a private sewer line.” And while the neighbors resisted for a few more days, the strength of Judge Metzen’s words brought about a settlement of the dispute and no further legal action need be taken.
For more information contact Grace Tangjerd Schmitt at 651-450-2220, ext 25 or gtangjerdschmitt@guildincorporated.org.
Thid Party
Liability for
Public Nuisance
Eminent
Domain;
Regulatory
Takings:
- Definition of a "taking" http://www.house.leg.state.mn.us/hrd/issinfo/clsstaking.htm#Q1
- Categorical or per se regulatory takings: http://www.house.leg.state.mn.us/hrd/issinfo/clsstaking.htm#Q2
- Penn Central test: http://www.house.leg.state.mn.us/hrd/issinfo/clsstaking.htm#Q3
- Minnesota's government enterprise or arbitration
test: http://www.house.leg.state.mn.us/hrd/issinfo/clsstaking.htm#Q4
- Development moratorium: http://www.house.leg.state.mn.us/hrd/issinfo/clsstaking.htm#Q5
- Exactions: http://www.house.leg.state.mn.us/hrd/issinfo/clsstaking.htm#Q6
- Removal of nonconforming uses: http://www.house.leg.state.mn.us/hrd/issinfo/clsstaking.htm#Q7
MORE
• WSP code enforcement, Noel Kalinoski:
- http://www.watchdog-news.com/blogs/taylor.swartwood/2005/10/west-st-paul-inspections-drives-man.html
- and http://www.wspwatchdogs.com/ - contact
• Handling of mental health and CD cases by authorities,
for example Barbara Schneider:
http://www.barbaraschneiderfoundation.org/history.htm and
http://www.barbaraschneiderfoundation.org/concrete_steps.htm
• WSP legal handling of housing and criminal prosecutions, click on images below to enlarge:
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for MORE
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U.S. Supreme Court, U S v. CRUIKSHANK, 92 U.S. 542 (1875), 92 U.S. 542
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SEE:
The Polls Are In
Americans Overwhelmingly Oppose Use of Eminent Domain for Private Gains
Investigative Reporter
The story of the 20 year old murder of Dennis Jurgens was exposed because of Brian Bonner's story which reveal extensive corruption in St. Paul police and prosecutorial circles.
 JESUS Delivers Food Ministry * St. Paul * MN * 651 439 8342 |
Alice There was an article on the front page of the Pioneer Press (Sunday, October 22, 2006) titled, "Alice in No Man's Land". For those who didn't read it, the article describes the conflict between Alice Krengel and the city of West St. Paul. The city's position is that for years, police and other law enforcement personnel have had to deal with criminals, drunks, and drug users staying at her house and that something must be done to "break the cycle". Neighbors have documented public urination, loud parties, and many incidents of verbal abuse. Police documented over 180 trips to her house and have measured .30 percent or higher in men at the home. Alice's position is that she had been renting out rooms as a means of income but also admitted that she has had trouble controlling who comes and goes from her house. She says that the city wants her house as a means to subdivide for extra tax revenue. Alice has admitted to a chemical dependency to alcohol. The authorities suspect mental illness; her sister stated that her reality is different from normal reality; Alice denies the allegation. Alice has never been married and has four children from four different fathers. One of Alice's daughters said she never had a relationship with her. She was quoted as saying, "I don't know what went wrong. It's pretty bad when your mom's at the bottom of society. It hurts...She has given up a lot for alcohol. She gave up her children for alcohol. She's given up herself as a person for alcohol." On August 7, the city removed Alice from her home and boarded it up; she is under court order not to go near the property unless under police escort. Alice is homeless. Alice eats breakfast at the Salvation Army on West Seventh, Alice sleeps at Dorothy Day, and Alice has eaten lunch at JESUS Delivers. There are many layers to this story (as there are to our own stories). Where Trinity intersects with Alice is on Saturdays. JESUS has called us to help the poor and to forgive others as He has forgiven us (seventy times seven, if I recall Bible 101). The JESUS Delivers mission is to feed her body and her soul. This past Saturday Erin, Seth, and Peter served 150 people hot roast beef and salami sandwiches, green bean casserole with french fried onions, pineapple, and juice. The quote for the day is from Dennis, a new customer, "What's all this about?...do you mean I get a meal for free?...what's the catch?...well God bless you guys...maybe He does exist after all..." Hope, faith, and love; those are the layers that we can impact while slathering mustard and mayo! |
Commitment:
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Office of the Ombudsman for Mental Health and Developmental Disabilities | Forms | Other Resources: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Diabetics/Disabled Anonymous offers a no or zero tolerance and safe zone regarding CD addiction, meaning that Diabetics/Disabled Anonymous does not support and/or allow use of alcohol and any illegal drug substances, re: DDA events, at any time. |