Natalie Hudson, Court of Appeals
Judicial Service:A07-310 City of West St. Paul, Respondent, vs. Alice Jane Krengel,
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. § 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.
Vacated; motion denied. Judge Matthew E. Johnson.
Dissenting, Judge Gary L. Crippen.*
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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