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Alice Krengel
Wednesday, July 23, 2008
Alice Krengel A07-310 Nuisance Persons vs. Property Rights

http://www.ci.west-saint-paul.mn.us/vertical/Sites/%7b2CF6FEAE-EDC4-4E50-A078-
817B219E41B8%7d/uploads/%7b3470598D-5E60-437A-A...
Hasn't Alice suffered enough? now the cost of litigation is over $300,000.00?
YOU BE THE JUDGE ITS YOUR TAX MONEY
Bloggers Disclaimer: Governing BoardsAmicus Briefs by the League Board of Directors St. Paul Mayor Chris Coleman, acting in Concort with
W. St. Paul Mayor John Zanmiller
may have heinous conflicts , contrary to Legislative mandate. Noel Kalinoski
" Thanks for the wonderful work you did and are doing for Alice Krengel, and the community, on appeals.
We continue to support her on principles that potentially affect the disabled and vulnerable:
See: http://www.angelfire.com/mn3/advocate7/alice2006/alice.html
KELO V. NEW LONDON
http://www.angelfire.com/mn3/advocate7/alice2006/alice.html
"Nuisance Person" v. Property Rights You be the Judge. Your Home is at Risk.
http://alicekrengel.blogspot.com/
Hot Links
Ain't It Beautiful Sharon Stephens Homeowner Calif,Ain't It Beautiful: RIVERSIDE COUNTY DA
INVESTIGATOR MISCONDUCT
"Nuisance Person" re: Alice Krengel
INFORMATION BRIEF
Minnesota House of Representatives
Research Department View
Can the public nuisance law be used to abate nuisance activity that is not associated with a
http://www.alicekrengel.blogspot.com/ 7/31/2008
building?
During the three-year period from 1996 to 1999, Minnesota law15 permitted the filing of a
civil action against an individual for engaging in nuisance activity16 without requiring any
connection House Research Department October 2000 between the activity and a
building. This law, known as the “person as nuisance” law, was intended to address
specified nuisance activities conducted in places (e.g., streets, sidewalks, or other public
areas) other than the kinds of structures and private premises that are subject to
thepublic nuisance statute.
According to this law, any resident of the neighborhood or any neighborhood organization
in the area where the nuisance activity occurred could file the nuisance action.
Alternatively, the neighborhood resident or organization could ask the local prosecuting
attorney to file the action.
Proof of a nuisance could be established by clear and convincing evidence that the
respondent engaged in nuisance activity during two or more behavioral incidents within
the past 12 months.
The law authorized two defenses to the nuisance action: that the respondent was coerced
into committing the nuisance activity or that the prosecution of the nuisance was
motivated by unlawful discrimination against the respondent, as defined in the state
Human Rights Act. Finally, the law provided the following remedies:
• the issuance of a permanent injunction against further nuisance activity;

• the award of costs and attorney’s fees to the prevailing party; and
• a damage award equal to either the amount of actual damages caused by the
nuisance or
exemplary damages of $500 per incident, whichever amount is greater.
When this “person as nuisance” law was enacted in 1996, the legislature considered it to
be an experiment and, therefore, included a three-year “sunset” date in the original
legislation. This sunset date was not extended or eliminated by subsequent legislative
action and, as a result, the law was repealed effective August 1, 1999.
Posted by Sharon 4Anderson at 5:52 AM 0 comments Links to this post

Monday, July 21, 2008
W.St.Paul v. Alice Krengel A07-310 PFR-Granted

Thank you to the Clerk Supreme Court Opinions
In the Matter of W. St. Paul v. Alice Krengel A07-310 PFR no 26 GRANTED
26. City of West St. Paul v. Alice Jane Krengel - A07-310 -
Granted
Justice Paul Anderson recuses , conflict with www.levander.com
Alice Krengel-EminDomainmn
Tuesday, July 8, 2008
Alice Krengel-DDA-SlideShow
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Wednesday, June 25, 2008
Alice Krengel Legal Actions-DDAWeb
The information you 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.
UPDATE:
http://www.lawlibrary.state.mn.us/archive/ctappub/0805/opa070310-
0506.pdf
2008, Alice Vindicated, Alice Wins Appeal, Overturns

WSP Ruling MEDIA
SEE:
http://advocate4.angelfire.com/alice/alicebackinhome2007.pdf
2007, City attempts again to remove Alice € 2008, City Appeals to Supreme Court: 1 2
" 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 stat wide impact over the statutory interpretation of this public statue,,,the City has already met the
deductible, any additional costs up to $250,000 are paid for by the League."
http://advocate4.angelfire.com/alice/citycouncil520081.pdf--
http://advocate4.angelfire.com/alice/citycouncil52008res.pdf
Advocacy and Technical Assistance and Support Division
Diabetics/Disabled Anonymous, Non Profit Support Group and Alliance.

1144 Ottawa Avenue
West St. Paul, MN USA 55118-2008
Fax and Phone: 651 457 4376
DDAweb@comcast.net
NOTICE: This communication is not encrypted. This e-mail (including any attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. §§ 2510-2521, and is confidential. If you are not the intended recipient or believe
that you have received this communication in error, please report that fact to the sender and delete the copy that you
received. In addition, you should not print, copy, retransmit, disseminate, or otherwise use the information. No
permission is given to edit or otherwise alter the information contained in this message. No information or opinions
contained herein shall constitute legal advice. THANK YOU.
Posted by Sharon 4Anderson at 4:52 PM 0 comments Links to this post

Sunday, May 11, 2008
DDA Newsletter
DDA supported - Break through case protecting seniors, disabled

and low income home-owners.
http://www.mncourts.gov/opinions/coa/current/opa070310-0506.pdf
See DDA web page for her:

Become a DDA member:
http://www.angelfire.com/mn3/ddaweb/formmembership.html
West St. Paul
Ejected homeowner 'vindicated' by appeals court ruling in her

favor
By Nick Ferraro
nferraro@pioneerpress.com
Article Last Updated: 05/08/2008 12:03:53 AM CDT

Alice Krengel, shown outside her West St. Paul home in October 2006, says she has endured "public humiliation" because of her eviction by the city. She
may seek damages. (Pioneer Press file photo)
For one year, Alice Krengel lived at the Dorothy Day homeless shelter in St. Paul, banned from her West St. Paul home by a district court.
After a series of public-nuisance violations, city officials had obtained an injunction to keep Krengel away.
She's been back home now for 10 months, but on Tuesday the Minnesota Court of Appeals overturned the lower court's decision, concluding she was
illegally forced out of her house.
In a 2-1 ruling, the appellate judges determined West St. Paul failed to comply with a state law that requires cities to prove two or more nuisance incidents
occurred within 12 months before the injunction hearing.
"I feel vindicated now," Krengel, 57, said Wednesday. "You cannot imagine my losses. This shows I'm a patient person."
The city claims Krengel, then an admitted alcoholic, had used her Allen Avenue home for years as a flophouse for criminals, drunks and drug users. Police
went to her house 41 times in 2006 alone.
Krengel's attorney urged the appeals court to interpret the law to require proof that two "behavioral incidents" occurred within 12 months preceding the
city's request for a permanent injunction, which was in October 2006. The city had argued the 12-month period should have begun in July 2005, when they
served written notice on intent to seek the injunction.
"We thought the clock stopped at that point," City Attorney Kori Land said.
She called the decision a "moral victory" for Krengel.
"You can't change history and the fact she was gone for a year," Land said. "The city won the battle, but she won the war."
According to the city, police had been called to Krengel's home 180 times since 1990. Between September 2004 and July 2005, police were called to
Krengel's home 29 times, including when two intoxicated men assaulted each other with hammers and several incidents in which Krengel's guests were
drunk and were hauled to detox.
Threatening an injunction, Land in July 2005 notified Krengel she had to stop the nuisance or enter into an abatement plan with the city. Krengel entered
into the agreement a month later to stay sober, not permit alcohol in the house and allow police officers inside for random inspections for one year.
After West St. Paul officials said she repeatedly violated the agreement, Krengel was barred from her house in August 2006.
Citing numerous violations of the state's nuisance law, District Court Judge Leslie Metzen followed with the permanent injunction three months later, forcing
Krengel to stay out of her house until August 2007.
Krengel and her attorney unsuccessfully appealed three times to stop the injunction.
"The district court erred," Judge Matthew E. Johnson wrote in his decision, "because the city's evidence of nuisance activity consisted solely of incidents
occurring 15 or more months before the hearing on the city's request for the permanent injunction."
Land called the decision a "strict interpretation of the law."
"You cannot predict when you're going to get your two nuisance violations," she said.
Land said there have been no police calls to Krengel's home or complaints from neighbors since she moved back in August.
But the fight might not be over.
Land said the attorneys who represented the city could seek to bring the case before the state Supreme Court.
Krengel said she has endured "public humiliation" and will discuss with her attorney whether to seek damages against the city for the eviction.
Nick Ferraro can be reached at 651-228-2173.

1144 Ottawa Avenue
DDAweb@comcast.net
DDAvolunteers@comcast.net
Become a DDA member:
http://www.angelfire.com/mn3/ddaweb/formmembership.html
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1144 Ottawa Avenue

DDAweb@comcast.net
DDAvolunteers@comcast.net
http://www.ddasanctuary.org/
Sharon 4Anderson said...
http://www.mncourts.gov/opinions/coa/current/opa070310-0506.pdf
CONFLICTS: Judge Crippen's Dissent

his former law clerk Lawyer State Senator Ellen Anderson, married to Andy Dawkins Author of Nuisance Ordinance
Judge Natalie Hudson, former st. paul city attorney, black female
www.mncourts.gov re: MS617.87
God Bless Alice Krengel, now Precedant via Published Opinions
Alice's Power of Attorney legally is what has saved her. next door neighbor who filed complaints has lost his home to
mortgage forclosure.......Alice had paid her property taxes, undue hardships
Click here: Court of Appeals Published Opinions
A07-310 City of West St. Paul, Respondent, vs. Alice Jane Krengel,
Appellant.
Dakota County District Court, Hon. Leslie May Metzen.
1. A district court may not issue a permanent injunction to abate a public nuisance pursuant to Minn. Stat.Â§ 617.83
(2006) unless the public nuisance exists at the time of the hearing on the request for the permanent injunction.
2. A public nuisance exists for purposes of Minn. Stat.Â§ 617.83 (2006) if two or more incidents of statutorily defined
nuisance activity have occurred within the 12-month period preceding the hearing on the request for the permanent
injunction.
Vacated; motion denied. Judge Matthew E. Johnson.
Dissenting, Judge Gary L. Crippen.*
If in fact any Appeal, Issues of City Attorney Kori Land of the www.levander.com
law firm, double dipping as West St. Paul City Attorney, and Private Attorney, covertly ignoring the Heinous, Repugnant,
Criminal Violations of Mayor John Zanmiller, Henn.Corrections Officer, who knows the law, Zanmiller also V.Chair St.
Paul Water Board, with 1 Billion in Reserves, a non profit entity, Shutting off Sharons Water www.sharonanderson.org
You Bet Alice has other Friends, Power of Attorney, ignored by Attorney Kori Land and Pierre Regnier
http://alicekrengel.blogspot.com
Submitted in Good Faith, Now Alice must be compensated "Big Time" for all She has suffered
http://alicekrengel.blogspot.com or Google this case for Public Policy http://sharon4council.blogspot.com
9:45 AM
Sharons post at A Dem deleted>

Thursday, May 8, 2008
Alice Krengel's Judges Johnson,Hudson,Crippen MS617.83
Blogger: A Democracy - Post a Comment
Natalie Hudson, Court of Appeals
Judicial Service:A07-310 City of West St. Paul, Respondent, vs. Alice Jane Krengel,
Appellant.
1. A district court may not issue a permanent injunction to abate a public nuisance
pursuant to Minn. Stat. § 617.83 (2006) unless the public nuisance exists at the time of
the hearing on the request for the permanent injunction.
2. A public nuisance exists for purposes of Minn. Stat. § 617.83 (2006) if two or more
incidents of statutorily defined nuisance activity have occurred within the 12-month
period preceding the hearing on the request for the permanent injunction.
View All Judge Bios
617.83 INJUNCTION; ORDER OF ABATEMENT.
Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a
permanent injunction and enter an order of abatement, except as otherwise provided by section
617.85. The permanent injunction must describe the conduct permanently enjoined. The order
of abatement must direct the closing of the building or a portion of it for one year, except as
otherwise provided in section 617.84 or 617.85, unless sooner released pursuant to section 617.87.
Before an abatement order is enforced against a building or portion of it, the owner must be
served with the abatement order and a notice of the right to file a motion under section 617.85 in
the same manner that a summons is served under the Rules of Civil Procedure. A copy of the
abatement order shall also be posted in a conspicuous place on the building or affected portion.
History: 1987 c 283 s 4; 1997 c 100 s 3Alice Krengel mn - Google Search
EMINENT DOMAIN IN MINNESOTA: Case study Alice Krengel, 823 Allen, WSP - 4 visits - 6:12am
TAKING OF THIS HOME OWNED BY: Alice Krengel 823 Allen West St. Paul, MN ... Is it public policy that the State of Minnesota is responsible for
mental ...
www.angelfire.com/mn3/advocate7/alice2006/alice.html - 47k - Cached - Similar pages
617. Abortion; Obscenity; Houses Of Ill-fame

Alice Krengel Won the War MS617.87
Homestead42 USC 3631 617. Abortion; Obscenity; Houses Of Ill-fame

617.87 RELEASE OF PROPERTY.
If, after an order of abatement has been entered, the owner appears and pays the costs of
the action and files a bond in an amount determined by the court, but not to exceed $50,000,
conditioned that the owner will immediately abate the nuisance for a period of one year, the court
may, if satisfied of the owner's good faith, order the release of the building or portion of it which is
subject to the order of abatement. If the premises are released, for each day during the term of the
bond that the owner knowingly permits any part of the premises to be used for any activity which
was the basis of the abatement order, the owner shall forfeit $1,000 under the bond. Forfeiture
under the bond does not relieve the owner from prosecution for contempt. Release of the property
pursuant to this section does not release it from an injunction issued under section 617.83 or any
other judgment, penalty, lien, or liability to which it may be subject by law.
History: 1987 c 283 s 8
West St. Paul

Ejected homeowner 'vindicated' by appeals court ruling in her favor
By Nick Ferraro
nferraro@pioneerpress.com
Article Last Updated: 05/08/2008 12:03:53 AM CDT
Ejected homeowner 'vindicated' by appeals court ruling in her favor - TwinCities.com
Alice Krengel, shown outside her West St. Paul home in October 2006, says she has endured "public humiliation"
because of her eviction by the city. She may seek damages. (Pioneer Press file photo)For one year, Alice Krengel lived at
the Dorothy Day homeless shelter in St. Paul, banned from her West St. Paul home by a district court.
After a series of public-nuisance violations, city officials had obtained an injunction to keep Krengel away.
She's been back home now for 10 months, but on Tuesday the Minnesota Court of Appeals overturned the lower court's
decision, concluding she was illegally forced out of her house.
In a 2-1 ruling, the appellate judges determined West St. Paul failed to comply with a state law that requires cities to
prove two or more nuisance incidents occurred within 12 months before the injunction hearing.
"I feel vindicated now," Krengel, 57, said Wednesday. "You cannot imagine my losses. This shows I'm a patient person."
The city claims Krengel, then an admitted alcoholic, had used her Allen Avenue home for years as a flophouse for
criminals, drunks and drug users. Police went to her house 41 times in 2006 alone.
Krengel's attorney urged the appeals court to interpret the law to require proof that two "behavioral incidents" occurred
within 12 months preceding the city's request for a permanent injunction, which was in October 2006. The city had
argued the 12-month period should have begun in July 2005, when they served written notice on intent to seek the
injunction.
"We thought the clock stopped at that point," City Attorney Kori Land said.
She called the decision a "moral victory" for Krengel.
"You can't
change history and the fact she was gone for a year," Land said. "The city won the battle, but she won the war."
According to the city, police had been called to Krengel's home 180 times since 1990. Between September 2004 and July
2005, police were called to Krengel's home 29 times, including when two intoxicated men assaulted each other with
hammers and several incidents in which Krengel's guests were drunk and were hauled to detox.
Threatening an injunction, Land in July 2005 notified Krengel she had to stop the nuisance or enter into an abatement
plan with the city. Krengel entered into the agreement a month later to stay sober, not permit alcohol in the house and
allow police officers inside for random inspections for one year.
After West St. Paul officials said she repeatedly violated the agreement, Krengel was barred from her house in August
2006.
Citing numerous violations of the state's nuisance law, District Court Judge Leslie Metzen followed with the permanent
injunction three months later, forcing Krengel to stay out of her house until August 2007.
Krengel and her attorney unsuccessfully appealed three times to stop the injunction.
"The district court erred," Judge Matthew E. Johnson wrote in his decision, "because the city's evidence of nuisance
activity consisted solely of incidents occurring 15 or more months before the hearing on the city's request for the
permanent injunction."
Land called the decision a "strict interpretation of the law."
"You cannot predict when you're going to get your two nuisance violations," she said.
Land said there have been no police calls to Krengel's home or complaints from neighbors since she moved back in
August.
But the fight might not be over.
Land said the attorneys who represented the city could seek to bring the case before the state Supreme Court.
Krengel said she has endured "public humiliation" and will discuss with her attorney whether to seek damages against
the city for the eviction.
Nick Ferraro can be reached at 651-228-2173.
Showing posts 1 - 2 of 2
Judge it!
Bill #1
1 hr ago
Saint Paul, MN
She should sue the hell out of the city. These nusiance laws are just being used to target people that
neighbors don't like.
Sharon
Anderson
AOL
Judge it!
#2
26 min ago
http://www.mncourts.gov/opinions/coa/current/...
Sharon
Anderson God Bless Alice Krengel, now Precedant via Published Opinions
http://www.angelfire.com/mn3/advocate7/alice2...
AOL Click here: Court of Appeals Published Opinions
A07-310 City of West St. Paul, Respondent, vs. Alice Jane Krengel,
Appellant.
1. A district court may not issue a permanent injunction to abate a public nuisance pursuant to Minn. Stat.Â§
617.83 (2006) unless the public nuisance exists at the time of the hearing on the request for the permanent
injunction.
2. A public nuisance exists for purposes of Minn. Stat.Â§ 617.83 (2006) if two or more incidents of statutorily
defined nuisance activity have occurred within the 12-month period preceding the hearing on the request for
the permanent injunction.
If in fact any Appeal, Issues of City Attorney Kori Land of the www.levander.com
law firm, double dipping as West St. Paul City Attorney, and Private Attorney, covertly ignoring the Heinous,
Repugnant, Criminal Violations of Mayor John Zanmiller, Henn.Corrections Officer, who knows the law,
Zanmiller also V.Chair St. Paul Water Board, with 1 Billion in Reserves, a non profit entity, Shutting off
Sharons Water www.sharonanderson.org You Bet Alice has other Friends, Power of Attorney, ignored by
Attorney Kori Land and Pierre Regnier
http://alicekrengel.blogspot.com
Submitted in Good Faith, Now Alice must be compensated "Big Time" for all She has suffered
http://alicekrengel.blogspot.com or Google this case for Public Policy http://sharon4council.blogspot.com
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Alice's Advocates, DDA, Bill & Sharon

Wednesday, July 23, 2008

Alice Krengel A07-310 Nuisance Persons vs. Property Rights

KELO V. NEW LONDON

"Nuisance Person" re: Alice Krengel

• the issuance of a permanent injunction against further nuisance activity;

Posted by Sharon 4Anderson at 5:52 AM 0 comments Links to this post

W.St.Paul v. Alice Krengel A07-310 PFR-Granted

Create a portable slideshow for your website, blog, Myspace,

<div View Album Get your own

Alice Krengel Legal Actions-DDAWeb

2008, Alice Vindicated, Alice Wins Appeal, Overturns

Diabetics/Disabled Anonymous, Non Profit Support Group and Alliance.

Posted by Sharon 4Anderson at 4:52 PM 0 comments Links to this post

DDA supported - Break through case protecting seniors, disabled

See DDA web page for her:

Become a DDA member:

West St. Paul

Ejected homeowner 'vindicated' by appeals court ruling in her

Article Last Updated: 05/08/2008 12:03:53 AM CDT

She called the decision a "moral victory" for Krengel.

Land called the decision a "strict interpretation of the law."

But the fight might not be over.

Nick Ferraro can be reached at 651-228-2173.

Diabetics/Disabled Anonymous, Non Profit Support Group and Alliance.

Become a DDA member:

1144 Ottawa Avenue

Sharon 4Anderson said...

CONFLICTS: Judge Crippen's Dissent

Sharons post at A Dem deleted>

Posted by Sharon 4Anderson at 6:56 AM 0 comments Links to this post

Alice Krengel's Judges Johnson,Hudson,Crippen MS617.83

Blogger: A Democracy - Post a Comment

Natalie Hudson, Court of Appeals

617. Abortion; Obscenity; Houses Of Ill-fame

Alice Krengel Won the War MS617.87

Homestead42 USC 3631 617. Abortion; Obscenity; Houses Of Ill-fame

West St. Paul

She called the decision a "moral victory" for Krengel.

Land called the decision a "strict interpretation of the law."

But the fight might not be over.

Nick Ferraro can be reached at 651-228-2173.

View my complete profile

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