With Public Servants Like That, Who Needs Thieves?

The home owner at 1033 Colne in St Paul, MN has been evicted because the previous owner voluntarily disconnected the electricity, which the city of St Paul interpreted as indicating the house was uninhabitable and therefore justified condemnation (for which eviction was ordered). Mrs. Evelyn Wallace, who purchased the house from the previous owner who, like normal prior to closing on the sale of the property, had the electricity turned off and is now out on the street facing all of the fall out of St Paul's condemnation order.

This might not be a noteworthy story and we could chock it up to mistake or bureaucratic folly if this was the only case - even if it was rare . . . however, it isn't. The city files are full of these cases, and perhaps the homeless shelters are too. Read on if you think this is a overly dramatic language.

On June 26, 2008, Judge Lindman of Ramsey County District Court ordered a that Mrs. Wallace could stay in her home until the issue could have a fair hearing in court on the full set of issues. However, the city is continuing on its order of condemnation by sending a crew to board up the windows, apparently ignoring Judge Lindman's order from the bench.

The City purports that because the owner of 1033 Colne had voluntarily suspended the utilities to the house, the house qualified as "unfit for human habitation" and thereby met the criteria as a "vacant building".

The city will allow the home owner to redeem habitable status but requires the building be brought up to current new construction code in order to do so. This municipal requirement is contrary to Morris v. Sax (City of Morris v. Sax Invest-A06-1188-MS16B.62,sub(1)2006, MN Supreme Court ruling), which states that municipalities cannot require retroactive compliance in such cases.

In a recent letter to Judge Lindman, Mrs. Wallace's legal team stated "We are bringing this action as private attorney generals on behalf of 'Other Similarly Situated Persons.' Many, many people have spoken at the St. Paul city council meetings and demanded the City comply with the restraints of Morris v. Sax. But the City refuses and they are throwing people out of their homes by condemnation that does NOT comply with the directives of the state building code.

These 'Other Similarly Situated Persons' need YOUR help.

How many people are out on the streets because of this ordinance? Dozens? Hundreds? Who knows - -the number is significant even if it were only one. It's fortunate for Mrs. Wallace that she has legal help, and that it might look good for her to keep her house. However, for the dozens (hundreds) of others, maybe not so much. This must stop and those responsible for such brutish behavior should be punished. The least we could do is stop calling those from the city of St Paul, MN public servants until this robbery is stopped.