Alice's Advocates, DDA, Bill & Sharon

Alice's Advocates, DDA, Bill & Sharon
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Crimes Against Humanity

Monday, March 5, 2007

Nuisance codifiedMS561.01(1998)-2007

Legal Notice to James Backstrom Dakota AttorneyJames C. Backstrom, Dakota County Attorney, Respondent, vs. One 1989 Range Rov
Don Gudmonson Dakota Sheriff
Chicago Greylord Operations - Google Search
Bud Shaver WestSt.Paul Police

COUNT I Title 18

Alice is still at DorothyDay, On or about Tues.27Feb07 Alice apparantly appeared in Judge Leslie Metzens Court Room, by information and belief: represented by SMRLS Julia Althouse

AFFIDAVITS OF SHARON ANDERSON AND BILL DAHN
Candidates St. Paul City Council www.sharon4council.blogspot.com
www.billdahn.blogspot.com 42 USC 3631

COUNT IIMS 609.51SimulatingLegProcess
challenging the St. Paul City Ordinance and Merger of LIEP-DPSINuisance laws_17 are making serious charges against Judge Leslie Metzen, www.levander.com Kory Land aka Larson re:
EMINENT DOMAIN: Alice Krengel, 823 Allen, WSP

Both verily believe Alice is charged with repealed Statutes as We directly believe that Alice has never intentionally interfered with the use and enjoyment of the plaintiffs land" or her Neighbors Propertys, surrounded by Martys Bar, Gallaghers and 40 Acres Liquor Store. FishLakeNuisance

Further we allege that the Mayor of West St. Paul John Zanmiller also ViceChair WaterA06-1150f/_26of St. Paul Water Board also apparant corrections officeralso defendant ? has with malice intent approved the WST.PaulLic
kicking out Alice's Disabled Tenants to create bizzare examples.


  • RENTAL DWELLING ORDINANCE
  • RENTAL DWELLING ORDINANCE APPROVED BY CITY COUNCIL
  • INFORMATION FOR RENTAL HOUSING EVALUATORS
  • RENTAL DWELLING ORDINANCE

    Click here to view the Rental Dwelling Ordinance

    Attached Document or FileRental Dwelling Ordinance

    RENTAL DWELLING ORDINANCE APPROVED BY CITY COUNCIL

    On November 27, 2006, the City Council approved an Ordinance regulating rental housing in the City. A Public Hearing was held at the meeting for the Rental Dwelling Ordinance. The first reading of the Ordinance was held and approved on November 13, 2006. Click here to view the Rental Dwelling Ordinance.





    Finding of Nuisance: codified MS561.01(199561. Nuisance, Trespass, Waste; Damages8)

    Minnesota Statutes 2006
    Chapter 561. Nuisance, Trespass, Waste; Damages

    Copyright © 2006 by the Office of Revisor of Statutes, State of Minnesota.

    561.01
    Nuisance; action.
    561.02
    Maliciously maintained structure.
    561.03
    Remedies.
    561.04
    Trespass; treble damages.
    561.05
    Repealed.
    561.051
    Liability for acts of wild animals.
    561.06
    Repealed.
    561.07
    Animals may be impounded.
    561.08
    Owner of property may distrain.
    561.09
    Owner of animals liable for trespass.
    561.10
    Trespass after execution or foreclosure sale.
    561.11
    Repealed.
    561.12
    Repealed.
    561.13
    Repealed.
    561.14
    Repealed.
    561.15
    Repealed.
    561.16
    Repealed.
    561.17
    Action for waste.
    561.18
    Waste pending year for redemption; injunction.
    561.19
    Nuisance liability of agricultural operations.

    561.01 NUISANCE; ACTION.
    Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction
    to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is
    a nuisance. An action may be brought by any person whose property is injuriously affected or
    whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be
    enjoined or abated, as well as damages recovered.
    History:
    (9580) RL s 4446

    561.02 MALICIOUSLY MAINTAINED STRUCTURE.
    Any fence, or any other structure, maliciously erected or maintained for the purpose of
    annoying the owners or occupants of adjoining property shall be deemed a private nuisance.
    History:
    (9581) 1907 c 387 s 1

    561.03 REMEDIES.
    Any such owner or occupant injured, either in comfort or in the enjoyment of an estate by
    such fence, or any other structure, may have an action of tort for the damage sustained thereby
    and may have such nuisance abated.
    History:
    (9582) 1907 c 387 s 2; 1986 c 444

    561.04 TRESPASS; TREBLE DAMAGES.
    Whoever without lawful authority cuts down or carries off any wood, underwood, tree, or
    timber, or girdles or otherwise injures any tree, timber, or shrub, on the land of another person, or
    in the street or highway in front of any person's house, city lot, or cultivated grounds, or on the
    commons or public grounds of any city or town, or in the street or highway in front thereof, is
    liable in a civil action to the owner of such land, or to such city or town, for treble the amount
    of damages which may be assessed therefor, unless upon the trial it appears that the trespass
    was casual or involuntary, or that the defendant had probable cause to believe that the land on
    which the trespass was committed was the defendant's, or that of the person in whose service
    or by whose direction the act was done, in which case judgment shall be given for only the
    single damages assessed. This section shall not authorize the recovery of more than the just
    value of timber taken from uncultivated woodland for the repair of a public highway or bridge
    upon or adjoining the land.
    History:
    (9585) RL s 4449; 1973 c 123 art 5 s 7; 1986 c 444

    561.05 [Repealed, 1963 c 753 art 2 s 17]

    561.051 LIABILITY FOR ACTS OF WILD ANIMALS.
    An owner of land shall not be liable in trespass, nuisance, or otherwise for the actions of
    wild animals in their natural state.
    History:
    1982 c 462 s 10

    561.06 [Repealed, 1963 c 753 art 2 s 17]

    561.07 ANIMALS MAY BE IMPOUNDED.
    Any person may, and every sheriff and police officer shall, distrain and impound any cattle,
    horses, mules, sheep, swine, or any domestic fowls running at large or trespassing upon the lands
    of another or upon any public property in this state, and when so impounded such proceedings
    shall be had relative to the animals and fowls so impounded as are or shall be provided by the
    general laws of this state relating to the impounding of animals.
    History:
    (1388) 1921 c 319 s 3; 1967 c 516 s 1; 2005 c 10 art 2 s 4

    561.08 OWNER OF PROPERTY MAY DISTRAIN.
    The owner or occupant of lands in any city may distrain any of such animals or fowls
    doing damage on such lands, and thereupon such proceedings as to these animals or fowls and
    the disposition thereof and the damage done thereby as are or shall be provided by the general
    laws of this state relating to the distraining by the owner or occupant of lands, of any beast
    doing damage thereon, the disposition of the beast distrained, and the appraisal of the damages,
    and the collection thereof.
    History:
    (1389) 1921 c 319 s 4; 1973 c 123 art 5 s 7

    561.09 OWNER OF ANIMALS LIABLE FOR TRESPASS.
    In case the owner or occupant of lands shall not distrain the animals or fowls doing damage
    as provided herein, then any person who shall knowingly permit the running at large or trespass
    of any such domestic animal or fowl within any city, shall be liable to the person aggrieved for
    treble the damages sustained, to be recovered in a civil action.
    History:
    (1390) 1921 c 319 s 5; 1973 c 123 art 5 s 7; 1986 c 444

    561.10 TRESPASS AFTER EXECUTION OR FORECLOSURE SALE.
    When real property is sold on execution or under judgment or mortgage, the purchaser
    thereof, or any person who has succeeded to the purchaser's interest, after the estate becomes
    absolute, may recover damages for injury to the property by the tenant in possession after the
    sale, and before possession is delivered under the conveyance.
    History:
    (9586) RL s 4450; 1986 c 444

    561.11 [Repealed, 1986 c 398 art 12 s 5]

    561.12 [Repealed, 1986 c 398 art 12 s 5]

    561.13 [Repealed, 1986 c 398 art 12 s 5]

    561.14 [Repealed, 1986 c 398 art 12 s 5]

    561.15 [Repealed, 1986 c 398 art 12 s 5]

    561.16 [Repealed, 1986 c 398 art 12 s 5]

    561.17 ACTION FOR WASTE.
    If a guardian, tenant for life or years, joint tenant, or tenant in common, of real property,
    commits waste thereon, any person injured by the waste may bring an action against the waster
    therefor, in which there may be judgment for treble damages, forfeiture of the estate of the party
    offending, and eviction from the property. Judgment of forfeiture and eviction can only be given
    in favor of the person entitled to the reversion, against the tenant in possession when the injury to
    the estate in reversion is adjudged in the action to be equal to the value of the tenant's estate or
    unexpired term, or to have been done in malice.
    History:
    (9583) RL s 4447; 1986 c 444

    561.18 WASTE PENDING YEAR FOR REDEMPTION; INJUNCTION.
    When real property is sold upon execution or under judgment or mortgage, until the
    expiration of the time allowed for redemption, the court may restrain the commission of waste
    on the property, by order granted, with or without notice, on application of the purchaser or the
    purchaser's assigns holding the certificate of sale; but it is not waste for the person in possession of
    the property at the time of sale, or entitled to the possession afterwards, during the time allowed
    for redemption, to continue to use it in the same manner in which it was previously used, or to use
    it in the ordinary course of husbandry, or to make the necessary repairs of the buildings thereon,
    or to use wood or timber on the property therefor, or for the repair of fences or for fuel for the
    possessor's family, while the possessor occupies the property.
    History:
    (9584) RL s 4448; 1986 c 444

    561.19 NUISANCE LIABILITY OF AGRICULTURAL OPERATIONS.
    Subdivision 1. Definitions. For the purposes of this section, the following terms have the
    meanings given them:
    (a) "Agricultural operation" means a facility and its appurtenances for the production of
    crops, livestock, poultry, dairy products or poultry products, but not a facility primarily engaged
    in processing agricultural products.
    (b) "Established date of operation" means the date on which the agricultural operation
    commenced. If the agricultural operation is subsequently expanded or significantly altered,
    the established date of operation for each expansion or alteration is deemed to be the date of
    commencement of the expanded or altered operation. As used in this paragraph, "expanded"
    means an expansion by at least 25 percent in the number of a particular kind of animal or livestock
    located on an agricultural operation.
    "Significantly altered" does not mean:
    (1) a transfer of an ownership interest to and held by persons or the spouses of persons
    related to each other within the third degree of kindred according to the rules of civil law to the
    person making the transfer so long as at least one of the related persons is actively operating the
    farm, or to a family farm trust under section
    500.24;
    (2) temporary cessation or interruption of cropping activities;
    (3) adoption of new technologies; or
    (4) a change in the crop product produced.
    (c) "Generally accepted agricultural practices" means those practices commonly used by
    other farmers in the county or a contiguous county in which a nuisance claim is asserted.
    Subd. 2. Agricultural operation not a nuisance. (a) An agricultural operation is not and
    shall not become a private or public nuisance after two years from its established date of operation
    as a matter of law if the operation:
    (1) is located in an agriculturally zoned area;
    (2) complies with the provisions of all applicable federal, state, or county laws, regulations,
    rules, and ordinances and any permits issued for the agricultural operation; and
    (3) operates according to generally accepted agricultural practices.
    (b) For a period of two years from its established date of operation, there is a rebuttable
    presumption that an agricultural operation in compliance with the requirements of paragraph (a),
    clauses (1) to (3), is not a public or private nuisance.
    (c) The provisions of this subdivision do not apply:
    (1) to an animal feedlot facility with a swine capacity of 1,000 or more animal units as
    defined in the rules of the Pollution Control Agency for control of pollution from animal feedlots,
    or a cattle capacity of 2,500 animals or more;
    (2) to any prosecution for the crime of public nuisance as provided in section
    609.74 or to an
    action by a public authority to abate a particular condition which is a public nuisance; or
    (3) to any enforcement action brought by a local unit of government related to zoning under
    chapter 394 or 462.
    Subd. 3. Existing contracts. This section shall not be construed to invalidate any contracts
    or commitments made before January 1, 1983.
    Subd. 4. Severability. If a provision of this section, or application thereof to any person or
    set of circumstances, is held invalid or unconstitutional, the invalidity shall not affect other
    provisions or applications of this section which can be given effect without the invalid provision
    or application. To that end, the provisions of this section are declared to be severable.
    Subd. 5.[Repealed, 1983 c 182 s 2]
    History:
    1982 c 533 s 1; 1983 c 182 s 1; 1994 c 619 s 9,10; 1994 c 622 s 4,5; 2001 c
    128 s 4; 2004 c 254 s 43,44

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