STATE OF MINNESOTA IN COURT OF APPEALS A07-310 City of West St. Paul, Respondent, vs. Alice Jane Krengel, Appellant. Filed May 6, 2008 Vacated; motion denied Johnson, Judge
Dissenting, Crippen, Judge* Dakota County District Court File No. C8-06-8776 Pierre N. Regnier, Susan Steffen Tice, Jardine, Logan & O‟Brien, P.L.L.P., 8519 Eagle Point Boulevard, Suite 100, Lake Elmo, MN 55042 (for respondent) Michael Hagedorn, Southern Minnesota Regional Legal Services, Bigelow Building, 450 North Syndicate Street, Suite 285, Saint Paul, MN 55104; and Julia Althoff, Southern Minnesota Regional Legal Services, 166 East Fourth Street, Suite 200, St. Paul, MN 55101 (for appellant) Considered and decided by Johnson, Presiding Judge; Hudson, Judge; and Crippen, Judge.
*Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.
S Y L L A B U S
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.