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. |
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| 2009 Supreme Court: 1 | 2 (oral
argument) | 3 (final
decision) |
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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."
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| EMINENT
DOMAIN IN
MINNESOTA... |
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| ...for the
mentally ill/chemically dependent, seniors, others? |
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| Eminent Domain Reform, Passed May 15,
2006 : 1 | 2 |
***Minnesota Laws: CHAPTER 645
INTERPRETATION OF STATUTES AND
RULES |
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Other Laws pertaining to Chemical Dependency
issues: Click HERE
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Alice is intermittently
staying here at
the
Dorothy Day Center |
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| 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. |
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TAKING OF
THIS HOME
OWNED BY:
Alice
Krengel
823 Allen
West St.
Paul,
MN
55118 |
MORE PICTURES |
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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 ... ALL- Lillie News 2007 |
State MN Summary
Minnesota's Public and
Private Nuisance
Laws: |
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| "Nuisance"
Defined |
"...two or more behavioral incidents • committed within a building •
within the previous 12 months..." |
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| "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 |
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general and durable Power of Attorneys, signed in August
2005)
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• WSP City Council Minutes and Abatement Plan,
2005 |
| Property Tax: |
1 | 2 | 3 | 4 |
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| 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?
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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 |
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Eminent
Domain;
Regulatory
Takings: |
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• WSP code enforcement, Noel Kalinoski:
- http://www.watchdog-news.com/blogs/taylor.swartwood/2005/10/west-st-paul-inspections-drives-man.html
- 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:
SEE: The Polls Are
In
Americans Overwhelmingly Oppose Use of Eminent Domain for Private
Gains |
| |
Brian Bonner
Investigative
Reporter |
 |
 |
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. |
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RESOURCES: |
| AA |
 |
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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! |
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Civil
Commitment: |
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| 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. |
|
Godbout Funeral Home, 560 W 7th Street, St. Paul.
Services
