Despite efforts of the County over a number of years to have property owners voluntarily clean-up their land where they kept unlicensed, inoperable vehicles, including trailers, piles of junk, scrap metal, iron, aluminum topper, farm machinery, military vehicles, automotive parts, and tires, in 2006 the County served the property owners with a summons and complaint alleging a violation of its zoning and waste management ordinances. After the property owners failed to respond, the county was awarded summary judgment against the owners, directing the County to allow the County’s designee to enter the property within 30 days to remove the items prohibited by the ordinance, convert the items to cash, and use the cash to pay for the County’s expenses. The property owners continued to do nothing and the County removed the items to bring the property owners into compliance with the ordinances.
The property owners then filed suit which was dismissed by the Trial Court as untimely. On appeal, the Court found no merit to the claim that the County was required to bring an eminent domain proceeding to clean up the public nuisance just because eminent domain statues address “public use” and “public purpose” that include mitigation of blighted areas. The Court noted that counties are not prohibited from enforcing an ordinance providing for the prevention of abatement of nuisances, or eliminating a use determined to be a public nuisance. Further, the court held that the property owners were not denied due process of law by the County’s removal of their property since they both were served with a summons and complaint noticing them what the County was asking for, and providing an opportunity to be heard.
Freeborn v. Brue, 2007 WL 3257187 (Minn. App. 11/6/2007).
Categories:
