Monday, November 28, 2016

AliceKrengelEminentDomainCaseLawMN

                               DISCLAIMER
            Alice was kicked out a year ago Nov2015
Died May 2016
                 Rev. MaryJane Duchen in court re Dog Ordinance's Died Sept4th2015
     Trying to transfer to Blog www.alicekrengel.blogspot.com
Heard that Alice's home is now Condemned??
                       Setting a trap 4 Ed Smith and City on Constitutional Issues
trying to get use to Mouse R click or L  Thanks4checking in
             How long MJ site will stay up  copy and paste
 
http://www.angelfire.lycos.com/
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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.

11/13/2008: Alice Krengel is not a member of (DDA) or Diabetics/Disabled Anonymous. DDA takes an interest in this Krengel case because of the official choice to attempt to remove Krengel from her home instead of insuring that medical care and other services were/are obtained for Krengel's alleged (by the City) addiction to alcohol and mental illness. DDA presents this case for public awareness and education to raise awareness of civic "treatment" of those with any disability. DDA does not condone or support, any alleged past/current/future abuse or permitting abuse of alcohol/any other illegal drug, by Ms. Krengel or persons at her home nor does it condone or support any any alleged illegal conduct Ms. Krengel has purportedly committed or potentially will commit in future.
***POLICE RESPONSE TO THE DISABLED - 2008 HOUSING COURT ENDS: 1 | 2
2009 Supreme Court: 1 (oral argument) | 3 (final decision)
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 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."
 
EMINENT DOMAIN IN MINNESOTA...
     ...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
NEW UPDATE: Court Orders and Briefs 2006 and 2007
Other Laws pertaining to Chemical Dependency issues: Click HERE
Alice is intermittently
staying here at the
Dorothy Day Center
http://www.angelfire.com/mn3/advocate7/alice2006/homeless.html
(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
http://www.angelfire.com/mn3/marvingotlieb/alice/PDForderscases/68762Korine_20Land.pdf
http://www.levander.com/
http://www.levander.com/
KORINE LAND, CITY PROSECUTOR - contact
Minnesota Rules of Professional Conduct
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.
TAKING OF
THIS HOME
OWNED BY:
Alice Krengel
823 Allen
West St.
Paul, MN
55118

MORE PICTURES
Is "flophouse" listed in Minnesota Public Nuisance Law as a nuisance activity?
PIONEER PRESS: 10/22/06 story | 11/23/2006 story | 12/01/2006 story ... ALLLillie News 2007
State MN Summary
Minnesota's Public and
Private Nuisance Laws:
"Nuisance" Defined "...two or more behavioral incidents • committed within a building • within the previous 12 months..."
 
1) Eminent Domain: Public Use
http://www.house.leg.state.mn.us/hrd/issinfo/clssemntdom.htm
2) Eminent Domain: Just Compensation
http://www.house.leg.state.mn.us/hrd/issinfo/clssedjust.htm 
3) Minnesota's K-12 Academic Standards and Assessments
http://www.house.leg.state.mn.us/hrd/issinfo/ssk12stan.htm
4) The Minnesota Estate Tax
http://www.house.leg.state.mn.us/hrd/issinfo/ssesttx.htm
5) MinnesotaCare Provider Taxes
http://www.house.leg.state.mn.us/hrd/issinfo/ssmcpt.htm 
6) State-Operated Services
http://www.house.leg.state.mn.us/hrd/issinfo/sssos.htm 
7) Minnesota Speed Limits
http://www.house.leg.state.mn.us/hrd/issinfo/ssspdlt.htm 


LEGAL CASE:
http://www.lawlibrary.state.mn.us/archive/ctappub/0
206/c7011757.htm

Decriminalizing Mental Illness:

http://www.barbaraschneiderfoundation.org/history.htm andhttp://www.barbaraschneiderfoundation.org/concrete_steps.htm
 
Bill of Rights: Property Rights
 
WILL JUDGE METZEN
TREAT ALICE KRENGEL
AND HER DISABLED TENANTS
DIFFERENTLY, IN HER
CHAMPIONING OF THE
INTEGRATION OF THE
DISABLED INTO COMMUNITIES,
AND IF SO, WILL THIS SHOW
HER TO BE A HYPOCRITE OR
TO BE SELECTIVE IN HER FAVOR?
http://www.nlihc.org/nimby/0211.htm
Judge Leslie May Metzen
"Nuisance Person" "this “person as nuisance” law was enacted in 1996... the law was repealed effective August 1, 1999"
Criminal Trespass Charges: "any violation of a temporary or permanent injunction or abatement order issued under the nuisance law shall be treated as contempt of court"
Disability/more: • Download letter to court, 8/5/2005 (includes copies of
general and durable Power of Attorneys, signed in August 2005)
http://www.ag.state.mn.us/consumer/seniors/probate/default.asp
• WSP City Council Minutes and Abatement Plan, 2005
Property Tax:  1 2 | 3 | 4
Public Policy Issues:
RE: CD/Alcoholism:
• 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?
What about community medical standards of care?
• 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? 
MINNESOTA
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
:
OTHER CASES:
• WSP code enforcement, Noel Kalinoski:
  1. http://www.watchdog-news.com/blogs/taylor.swartwood/2005/10/west-st-paul-inspections-drives-man.html
  2. 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:
  http://www.angelfire.com/mn3/advocate7/alice2006/grahamm1.html http://www.angelfire.com/mn3/advocate7/alice2006/grahamm2.html    for MORE
CLICK HERE: 1 | 2 | 3 | 4 5 (one week after Alice won in Supreme Court)
U.S. Supreme Court, U S v. CRUIKSHANK, 92 U.S. 542 (1875), 92 U.S. 542


 
SEE: The Polls Are In
Americans Overwhelmingly Oppose Use of Eminent Domain for Private Gains
 
Brian Bonner
Investigative Reporter
http://www.angelfire.com/mn3/advocate7/alice2006/bonner.html
http://www.angelfire.com/mn3/advocate7/alice2006/jurgensbonnerlg.html
Brian Bonner has been an investigative reporter for the Pionneer Press since about 1986.

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
.
  RESOURCES:
AA http://www.alcoholics-anonymous.org/en_information_aa.cfm?PageID=10
http://www.jesusdelivers.info/id21.html
http://www.jesusdelivers.info/id21.html
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!
Civil
Commitment:
http://www.ombudmhmr.state.mn.us/cctrc/default.htm Office of the Ombudsman for Mental Health and Developmental Disabilities Forms | Other Resources: 1 | 2 | 3 | 4 | 5 | 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.
http://www.angelfire.lycos.com/


From: Bill4Dahn@aol.com
To: sharon4anderson@aol.com
Sent: 11/28/2016 11:34:54 A.M. Central Standard Time
Subj: Fwd: Check out City of Saint Paul - Assessments697 Surrey Ave St. Paul,MN
 
 
This is how the City Of W.St.Paul owned  Alice's Home with this and that assessment over the years.
 
Government Stealing Homes,  without  paying for them.