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AliceKrengel_Won107-310 Legal Briefs

Briefs filed in City of West St. Paul, Respondent, vs. Alice Jane Krengel, Appellant.

Minnesota State Law Library

Minnesota Appellate Court Briefs Collection

Shown here are the statements of the issues presented for review by the appellate courts in the briefs filed for this case. The entire brief set can be found at the State Law Library and other libraries around the state. See Minnesota Appellate Court Briefs Collection for more information.

CASE NAME: City of West St. Paul, Respondent, vs. Alice Jane Krengel, Appellant.
Read the opinion in this case at A07-310
CITATION: 748 N.W.2d 333 (Minn. Ct. App. 2008)

Legal Issues in APPELLANT'S BRIEF:

1. Did the district court have authority to enjoin appellant from living in her own home for a year without first finding that appellant was responsible for two or more behavioral incidents constituting a nuisance under Minnesota nuisance law within the 12 month period preceding the request for an injunction? The district court, by implication, held in the affirmative. Apposite Authority: Minn. Stat. §617.81, subdivisions 1,2 and 4; Minn. Stat. §617.82; Minn. Stat. §617.83.

2. Did the district court have authority to enjoin appellant from living in her own home for a year without first finding that appellant was responsible for conduct which adversely affected any considerable number of members of the public within the 12 months preceding the request for an injunction? The district court, by implication, held in the affirmative. Apposite Authority: Minn. Stat. §617.81, subdivisions 1 and 2; Minn. Stat. §617. 82; Minn. Stat. §617.83; Minn. Stat. §609.74(1).

3. Did the district court have authority to enjoin appellant from living in her own home for a year without describing the nuisance conduct maintained or permitted by appellant or identifying any existing or ongoing nuisance condition to be enjoined? The district court, by implication, held in the affirmative. Minn. Stat. §617.82; Minn. Stat §617.83.

4. Did the district court have authority to enjoin appel1ant from living in her own home for a year for non-compliance with an abatement plan which did not constitute nuisance activity under Minnesota law? The district court, by implication, held in the affirmative. Apposite Authority: Minn. Stat. 617.81, subdivisions 1,2 and 4; Minn. Stat. §617.82; Minn. Stat. §617.83.

Legal Issues in RESPONDENT'S BRIEF:

I. DID THE DISTRICT COURT PROPERLY ISSUE THE PERMANENT INJUNCTION USING THE TIMEFRAME OF JULY 2004 TO JULY 2005 WHEN A NOTICE OF INJUNCTION WAS SERVED ON APPELLANT ON JULY 29, 2005 OUTLINING 13 SEPARATE NUISANCE INCIDENTS WHICH OCCURRED DURING THAT TIME PERIOD AND WHEN APPELLANT THEREAFTER VIOLATED THE TERMS OF THE ABATEMENT PLAN ENTERED INTO ON AUGUST 17, 2005? The District Court held in the affirmative. Apposite Authority: Minn. Stat § 617.81, Subds. 1,2,4; Minn. Stat. § 617.82; Minn. Stat. § 617.83; City of St Paul v. Spencer, 497 N.W.2d 305 (Minn. App. 1993).

II. DID THE DISTRICT COURT PROPERLY ISSUE THE PERMANENT INJUNCTION AFTER DETERMINING THAT APPELLANT MAINTAINED AND PERMITTED A CONDITION THAT UNREASONABLY ANNOYS, INJURES OR ENDANGERS THE SAFETY, HEALTH, MORALS, COMFORT OR REPOSE OF ANY CONSIDERABLE NUMBER OF MEMBERS OF THE PUBLIC WHEN IT FOUND THAT APPELLANT CREATED A NUISANCE AS DEFINED BY MINN. STAT. § 609.74(1)? The District Court held in the affirmative. Apposite Authority: Minn. Stat. § 617.81, Subds. 1,2; Minn. Stat. § 617.82; Minn. Stat. § 617.83; Minn. Stat. § 609.74(1).

III. DID THE DISTRICT COURT ADEQUATELY DESCRIBE THE CONDUCT TO BE ENJOINED WHEN IT FOUND, AMONG OTHER THINGS, THAT (1) THERE WERE 29 POLICE REPORTS REGARDING THE PROPERTY RANGING FROM INTOXICATED MALE GUESTS, TO AN ASSAULT, TO UNRELATED GUESTS; (2) A NEIGHBOR SAW APPELLANT SMASH OUT THE WINDOW OF A PICKUP TRUCK IN HER DRIVEWAY; AND (3) YELLING, ARGUING AND SCREAMING OBSCENITIES ALL HOURS OF THE DAY AND NIGHT HAS OCCURRED? The District Court held in the affirmative. Apposite Authority: Minn. Stat. § 617.81, Subds. 1,2,4; Minn. Stat. § 617.82; Minn. Stat. § 617.83.

IV. DID THE DISTRICT COURT PROPERLY ENJOIN APPELLANT DUE TO HER NON-COMPLIANCE WITH THE ABATEMENT PLAN? The District Court held in the affirmative. Apposite Authority: Minn. Stat. § 617.81, Subds. 1,2,4; Minn. Stat. § 617.82; Minn. Stat. § 617.83.

Also filed: APPELLANT'S REPLY BRIEF

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Alice Krengel Won A07-310 MN Supreme Court

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Judge Leslie Metzen Resigns

Judge Leslie Metzen leaving 1st Judicial District bench to join Community Action Council - TwinCities.com

Judge Leslie Metzen leaving 1st Judicial District bench to join Community Action Council Metzen leaving bench to begin work to combat violence By Frederick Melo fmelo@pioneerpress.com Updated: 02/27/2009 11:35:10 PM CST As the first female judge in Dakota County and the surrounding six counties of the 1st Judicial District, Leslie Metzen has had to tread a fine line of impartiality, forcing her to stop short of calling herself a social advocate, a women's advocate or an advocate for anything at all beyond blind justice. That's about to change for one of the county's longest-serving judges. In May, Metzen will lay down her gavel after almost 23 years on the bench and join the staff of the Community Action Council, a nonprofit human services agency in Burnsville. Early on in her judicial career, Metzen committed her first faux pas, and a visible one, at that. Metzen joined a court task force that had her rubbing elbows with prosecutors, defense attorneys and cops, trying to figure out a better way to handle cases of domestic abuse. Many of her robed mentors were unimpressed that a fellow judge would step across the invisible line of the law and problem-solve with the same people who might appear before her in court. In fact, they seemed almost offended. "I took a fair amount of criticism from my male colleagues, who thought it was improper," said Metzen, who was appointed to the bench in 1986 by then-Gov. Rudy Perpich, at the relatively youthful age of 37. But history was on her side. "As it turned out, a few years later, the chief justice for the Supreme Court mandated that every judicial district have a task force to look at how we handle domestic abuse Maybe we need to teach men and boys how to have healthy relationships in their lives, and I don't think we're doing that now in our communities." Metzen's legal résumé includes a stint from 1999 to 2001 as the first female chair of the Conference of Chief Judges, which was then the policy-making group for district courts statewide. Her fellow judges elected her chief judge for the 1st Judicial District in 1997 and again in 1999. In 2002, she established a community "housing court" for South St. Paul, West St. Paul and Inver Grove Heights homeowners accused of property code violations. In her six years with the court, she ordered one defendant held behind bars — an 88-year-old South St. Paul man who served four days in jail after missing several court dates and refusing to clean up his back yard. The court closed last year after Metzen joined Dakota County's new drug court, which offers repeat offenders intense supervision and a range of incentives to stay clean. She also has been active in restorative justice efforts, in which a defendant must meet with a victim in person to apologize and explain himself. Metzen is married to David Metzen, a retired superintendent of the South St. Paul school district, who currently serves on the University of Minnesota's Board of Regents. His brothers are Minnesota Senate President James Metzen, DFL-South St. Paul, and Thomas Metzen, president of Metzen Realty and a figure in Minnesota horse racing. Frederick Melo can be reached at 651-228-2172. Showing posts 1 - 2 of 2 A Human Services United States Reply » #1 4 hrs ago Advisory Committee report shows in 2000, a string link between child abuse and domestic violence in Dakota County. Their findins, poor record-keeping, minimal contact among criminal justice agencies, untrained staff members and very little court-ordered treatment, are all factors that allow offenders to abuse again and again; and lack of follow-up in family court. Sharon4Anderson AOL Reply » #2 7 min ago I hope the Judge Metzen resigns from the SCAP Committment Panel, Apparantly she is getting out while the getting is good with the Hon. Rep. Dan Severson's AdHoc Committee to disclipine Judges re: google NancyLazaryan and Bob Zick re: http://www.upro.us/tv/ The Heinous Abuse by these Judges re: http://lufsky.blogspot.com The Treatment of Alice Krengel was heinous,contrary to 42USC 3631 http://www.usdoj.gov/crt/crim/3631fin.php http://www.angelfire.com/mn3/andersonadvocate... has cost the taxpayers a fortune http://www.tpt.org/courts/MNJudicialBranchvid... The Committment and Murder of www.cpljimanderson.blogspot.com

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