Saint Paul fair housing lawsuit saga continues on!
Plaintiffs response to city's Writ of Certiorari
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posted by Bob at Thursday, June 23, 2011
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Thursday, June 23, 2011
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Conscience is the light of the Soul that burns within the chambers of our psychological heart. It is as real as life is. It raises the voice in protest whenever anything is thought of or done contrary to the righteousness. Conscience is a form of truth that has been transferred through our genetic stock in the form of the knowledge of our own acts and feelings as right or wrong. A virtuous and courageous person can alone use the instrument of conscience. He or she can alone hear the inner voice of the soul clearly. In a wicked person this faculty is absent. The sensitive nature of his / her conscience has been destroyed by sin or corruption. Hence he or she is unable to discriminate right from wrong. Those who are leading organizations, business enterprises, institutions and governments should develop this virtue of the ability to use their own conscience. This wisdom of using the clean conscience will enable them to enjoy the freedom.
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49 Comments:
Its a bad day in the city of St.Paul. Its look like another day in court. The cout of the land will make the decided on the
housing issures in St.Paul. Who will pay the the price? More likly
the city of St.Paul will br foece to changes things soon. And the city council will have to explain it to the people of St.Paul. That
forcing landlord out of business will cost the city alots of money.
Who will pay the bill? The people of St.Paul. With increaes in taxes.
i didn't see stienhauser name on this.
If what this attorney says is true it would seem as if the landlords are going to have the upper hand this time around.
Hey,chuck whats up?? U need to watch the court tv. U need tell dave get the city check book out.
And start paying.
today paper pioneer press. Front page Swanson
argued that the U.S.Constitution containd an overriding requirment that the state cannot"deprive any person of life,liberty or property without due process of law."
Not if you live in St.Paul. Right Mr.Mayor and City Council?
Are all of you 11 year old kids on summer break? I found this blog after a google search for a tenant lawsuit and this was one of my choices.
First, I wish some of our clients had some of you as landlords. We'd sued your asses back into the Depression by now. Ms Lucht is barely literate and trying to interpret judicial procedures? And, the constitution and city ordinances? Rich!!!
Take it from someone who doesn't live in Minnesota, what this attorney is doing, excuse me, has done, is a rarely practiced delay tactic that is used when you have no evidence. The problem is that every step of way, the client loses more and more but, continuous to focus on the end goal. There is no ground for money left, so the city does not have to take out its checkbook. At the very worst, the city with have to adjust its code.
That adjustment could be a more strict code like the surrounding cities and towns have.
You kids get off your parents computer and go play outside. This legal stuff is too big for your little brains.
Gary
How about MN Attorneys Quo Warranto Law re: MN Budget
http://archive.leg.state.mn.us/docs/2011/other/110561/A11-1107_Petitioners_Response.pdf
Judge Kathleen Gearin Defendant MN Supreme Court A11-111107 Quo Warranto complicit to violate Separation of Powers
Gary,
I would let you know that a man. I am work for a living and I own rentals too. I that you do legal aid work. Not tenants are right. You need read
More about the case at hand. Who is delay the case? It is the city of ST.Paul. Its going on 7 years.
I am over 50yrs old. I work with hands and do alot reading. I have friend that got screw by city
Maybe you can help him? Since that you know so much. Do you know about Morri se on vs Sax?
Mr Lucht,
Good for you. Allow me to correct you on a couple of things. I successfully practice several disciplines in law and have successfully represented tenants against unfair practices by the city, state, feds and of course, landlords. Only a fool attempts to inform a stranger of what he does and his limitations. I'm a stranger to you. Don't make that mistake again.
I find it amazing that you are so well read but really struggle to write a basic sentence. The evidence says you're lying about the reading.
I am very familiar with certain legal tactics and here's some expensive advice or a prediction I'll give to you for free, this case was lost by the landlords a long time ago. The lawyer for the landlords is shamelessly ignoring precedence and threading ethical lines.
Its only money, right?
Gary
"The lawyer for the landlords is shamelessly ignoring precedence and threading ethical lines."
Are you some kind of looney tune or what The landlords won at the 8the circuit and it is the city who is playing the delay game by chasing to the Supremes. What is posted here is the landlords response to the city BS about how they cannot enforce their codes now. If these guys are so bad I would think the city would welcome the chance to put on their case and prove it rather than throwing up roadblocks. So who do you represent Gary? Legal aid tenants who don't want to pay their rent so they call you to extort the landlords ass about damage and code violations your so called clients caused in the first place? For the damage the city has caused to the low income affordable housing market you should be on the same side as the landlords but that would not be politically expediant for you would it?
Gary is Repke!
It's curious how an attorney, who claimes he is independant and has no dogs in this fight, just happened upon this website by accident, and has very specific comments that happen to coincide with the Magner-Repke-Lantry bunch.
I think the city is running scared. What's going to happen to all that dead wood and all those pensions? A lot of city persoanel might just have to go out and find real work.
An eleitest attorney who want to run down Les because he cannot write a proper sentence and then this buffon makes the following statement:
" The lawyer for the landlords is shamelessly ignoring precedence and threading ethical lines."
He does not know the correct spelling of the word "treading," but yet he sees fit to call Les barley literate! Probably a democrat to boot.
I don't have a dog in this fight- well that's a generous use of the term 'fight'. I live in New Jersey.
Correct me if I'm wrong but, hasn't every charge in the landlords suit been thrown out? No need to worry, the answer is yes. There is nothing of monetary significance left to go after. The city has done its job.
There is nothing left to rule on that will state the city has wronged the landlords and now owe them something. The only thing left is the question of the city ordinances and the effect on the TENANTS. Tenants who were displaced because the landlord did properly maintain their property.
The word I used was thread, as in 'threading the ethical needle'. Its a term we use in the legal world basically meaning your attorney is shameless and has run out of law to argue. He will continue to find reasons to pick your pockets until you run out or the courts do.
A man who cannot put his thoughts together in basic sentences, would not be a good character for interpreting anything, including the law. Mr Lucht should not be anywhere near a jury.
Gary
Correction:
The only thing left is the question of the city ordinances and the adverse burden on the TENANTS. Tenants who were displaced because their landlords did NOT properly maintain their property.
So, maybe the tenants will be able to file civil suits against the landlords.
Maybe I will have a dog in this fight.
Gary
If you had followed this lawsuit as closely as you indicate you would then know that the tenants were displaced because the city came in and made false accusations about code violations that did not exist in order to be able to condemn the properties (a practice they still follow today.....and in violation of a recent Supreme Court ruling I might add) so they could require (illegaly and in vioaltion of state building codes) the properties be brought up to modern day codes and not the minimum maintenance codes allowed by city ordinance. That injured the tenant and the landlords business interest and was a violation of the Federal Fair Housing Act according to the Appeals Court and soon to be the US Supreme Court. Keep on wishing but I think you are going to deeply disappointed at the end.
No need to throw anything in the river! St. Paul just destroys whatever records are harmful to them and calls it a day. Anyone says anything about it they just play dumb and say they have given everything they have and everyone goes on their way with a smile.
Bob,
Sorry that this is off the topic, but how are the TISH reports related to this whole mess?
Was the city using these TISH reports as a means of code compliance?
If this is true then the city is going against their own code as set out by the city council when they passed the TISH requirement.
The TISH (Truth In Housing Reports) are required when a house is sold in St. Paul. These reports were/are not to be used by code enforcement to "target" problem properties.
Bob, what is the issue of TISH reports in this case?
The city used TISH reports to target vacant property so they could make them Registered Vacant Buildings and that is the springboard to now demand the expensive code compliancedeal everyone is complaining about. They also have another significance. When looking at those TISH reports it shows most other homes in the city have the same types of code violations that the city went after the landlords for......that is of course the legitmate violations and not the fabricated ones that the city made up to be able to condemn the landlords property.
Using the TISH reports in this way is against the city code, as these TISH reports were NEVER intended to be used as a code enforcement tool. (Look back at city council minutes in relation to the passage of this code requirement.
Given the increased powers of DSI over the last few years (Randy Kelly to Chris Coleman), DSI has become it's own law enforcement body. They can give criminal citations if they have a disagreement with a homeowner. The troubling thing is the misuse of power by DSI and the unwillingness of top city officials to overlook these concerns of misuse of power is really shocking.
The current state of the DSI-Fire code enforcement system is ripe with abuse.
In the next few months there is going to be a BIG announcement here on Bob's blog. BTW - This has NOTHING to do with the lawsuit (well maybe indirectly as related to selective code enforcement by the city), but just to restore honest government back to St. Paul.
St. Paul has gotten too confident in letting a very select few decide what is best for the whole. That is going to change.
Lawyers like Matt Engle should be given a medal for what they are doing.
Lastly, Bob keep this going, as it is the last vestige of truth being posted on-line about the abused of the city of St. Paul.
St. Paul has gotten too confident in letting a very select few decide what is best for the whole. That is going to change.
-
How is that going to change? Been hearing that for years. Most of StPaul likes the ordinances as is. The bond rating companies still give St Paul a top rating for its financial management.
Lawyers like Matt Engle should be given a medal for what they are doing.
-
Losing a case every step of the way and getting rich while doing it? Isn't this case on appeal? Meaning that there has been at least one ruling and scumbag slumlord lawyer didn't like it so he appealed the ruling on grounds that they couldn't find the evidence that proves their case.
Lastly, Bob keep this going, as it is the last vestige of truth being posted on-line about the abused of the city of St. Paul.
-
This blog is dead. Its maintained about as well as some of these slumlords property. If this is the last vestige of truth then you're screwed.
Gary
Now tell me something. If gut out a house. Put
all new stuff in it. Like wiring,plumning furance,
And all new sheet rock plus. Also windows and doors. Alll under permits. For total of $55,000.00.
You look All.this information on the city website.
The address is 674 van buren ave 55104.
St.Paul, MN. It was built in 1859. Rabh. In 2002.
Then city comes in 2011. And gives list work orders. Which is on the website too.
Now,they want three doors place. Because someone put their fist threw it. It was patch eith wood putty. Grass cover . Put seed down. Still want more grass. Then half the items is notthing wrong but put on thr list. Then appeal them items. Then you take off work and lose $290.00
In wages for the day. Then the fire inspectior
Did take pics of the items. Then have take pics
Of items that you appealing. Then send you email
Three days beforehearing. Ok figg out the cost of
Inspection so far. Two fire inspection @ $100.00per inspection. $25.00 for appeal hearing.
Loss wages $580. 00. So far,include items to and pemits. Not including more indpection as nd items to fix. Everytime fire inspectot comes out he/she will more items. Items that need repairs was cause by tenant. I have pay for. So, you explain it to me that it is my fault.
Gray
I forgot insecptor free and apoeal fees it come $805.00 plus repairs . So hoe do i make money.
It would be better to walk awsy for it.
Gary, don't feed the trolls.
Talking to these people is like trying to teach Algebra to a hedgehog. A hedgehog has no use for Algebra, can't learn it, and doesn't have the attention span beyond the basic nature needs to even begin to try. Same thing with this people and facts.
This blog IS dead and you should let is die.
Eric
Former TISH Board Member- that's right!
"Talking to these people is like trying to teach Algebra to a hedgehog"
LOL!!!!!!!!!!!!!
Well Eric, since you were a TISH member and an expert in this area, please tell us if TISH reports are to be used by DSI and the Fire Department for code compliance?
Eric's been partiscipating here for close to 5 years talking shit why?
Eric you are part of the problem!
The city has been morally dead for some time now. The lawsuits will finally put the nails in the coffin, but the stench, including the verbal stench of its supporters is terrible. Eric, you should bone up on the Detroit approach.
So Eric, 6:37 asked you a valid question whats your answer, cat got your dirty tongue?
Oh I know you are going to swear at the landlords, call them names and be the little shit you are always are.
The city is dead?
Is that why we're still one of the best governed cities in America and one of the more financially sound.
Surrounding cities, like the ones that the landlords live in have much more stringent rental ordinances. Getting rid of some of these slumlords will actually prevent part of this city become like Detroit.
Take your crappy property elsewhere. There are people and businesses investing in St Paul everyday. People are moving in, not out.
You don't like it? Get the hell out.
Eric
10:26
You guys already know everything. I don't come here to try and be helpful or inform you of anything. I don't give a care what you think you know.
I'm here to watch this blog go down with the lawsuit. I have noticed that I'm the biggest attraction around here. Just watch- I'll stop writing and the blog goes back on the death march after the usual bunch of weak insults.
Are you watching?
Eric
The city has the facade that it is the best run but just because it looks that way does not mean it is so Eric. As far as financials they may be good now but I do not think that will remain for too much longer. You see the city is at the edge of the cliff and they will not prevail at the Supreme Court and that means they have to face the trial they have tried to get out of for years. They will lose the trial just like they will lose their appeal at the Supreme Court and then the financials will start to whither on the vine. The train's leaving the station Eric. You have one last chance to climb aboard with the winners instead of hanging on to the losing DFL shit pie that's corrupting the city so badly.
10:53 PM Eric,
You must be talking about the St. Paul Issues Forum. DEAD, DEAD, DEAD.
Is Grace Kelly still doing her bits on that evil Fletcher or how about that Andy guy and his posts from another planet. Where is he from anyway?
That new forum manager - Bob Spaulding is really a hoot. His predecessor was really a poor forum manager who looked out for his liberal buddies, thus driving out any conservative posters.
Talk about a DEAD blog, SPIF is just DEAD, just a bunch of whining liberals defending the progressive, socialist (Communist Manifesto) way of life and you are a member of that blog.
Eric every dog has it's day, and yours is coming. Your communist, social leanings have hurt St. Paul and one day they will bite you right in your rear.
St Paul tries to get things looking good in two dimensions using mirrors. Time is running out. The people behind the curtain have been cutting corners and making things look right. This works for a while, but its getting to be time to pay the piper. Then they'll be sorry.
And sorry they will be. No more political jobs for Mr. Eric cause the DFL will be crippled. Eric will be cleaning toilets at FOX NEWS.
Eric my boy, or should I call you sonny?
China pays what to their workers? You don't see unions pulling the shit they pull over here, but that is for another day.
I like how you pull these other countries into the discussion without any foundation.
Who is paying for NATO's war in Libya? The USA (The USA id pay and providing over 75% of the mission). The English, French seem to not be holding up their end.
Now lets take Syria, same situation as Libya and your President the Big O isn't doing anything while the president of Syria is killing thousands?
I feel as well as my friends we shouldn't be involved in either war.
Eric why don't you join me on the Lake Street bridge and protest President Obama for killing innocent citizens all in his quest to take out Gaddafi. Don't you call this regime building? Double standard isn't Eric? You made all the fuss about Bush, but Bush got approval from the UN (47 countries) and the US Congress, Obama didn't.
This lawsuit has been dragging on for years, when will it all end?
Ray
That sure shut up Eric.
It has been so long since something interesting was posted here that I hadn't seen this until now.
What this is is the plaintifs response to the City's request that the Supreme Court review the question of if there can be disparate impact FHA cases.
In case you have forgoten the landlords have lost (lost for good) every potential charge they had against the City of Saint Paul, save one and that is the "disparate impact" charge in the FHA case. And from reading the responses here, you have forgoten that the victom in a disparate impact case is not the landlord, but the tenant. This last issue is, were there tenants who because of the City's enforcement lost their place to live that were not assisted (or offered assistance) by the City?
What the City is asking the Supreme Court to review is can you even have that case as a charge, since code enforsement is directed against properties in disrepair and if they are occupied they will be occupied by people of modest means (and more likely in this country of color) and people of modest means aren't able to make their landlords repair properties and they need the City to force their landlords to repair.
The fear of the City is that if they were to lose a disparate impact case, not that these guys would get a dime, but that the City wouldn't be able to enforse any code, since any occupied property in extreme disrepair will more than likely be someone of low income and in Saint Paul that is more likely someone of color. So, the City's responsibility to ensure that housing is safe is in direct conflict with a potential disparate impact claim... since white wealthy people aren't living in poorly maintained housing stock, the impact will be "disparate" more often on poor people of color.
What the lawyer do in this breif is again try to con their clients into believing that parts of their case that are dead are still alive. They talk about false charges, and tricks to gain enterance and all sorts of issues they have already lost on.
The one issue that they raise that has legs is... that the City didn't raise the point that there shouldn't be disparate impact for the reasons that they site to the supreme court during the case.
I am not a lawyer, so I don't know if that is a workable point or not.
JMONTOMEPPOF
Chuck Repke
The city intentionly targeted low income renter's housing Chuck.
Attempting to gentrifying densely populated minority neighborhoods.
Well Chuck you've come out of hiding again CitySt.Paul just given LGA Bizzare Ruling
http://www.mncourts.gov/district/2/?page=4446
REad Gearins "Order" altho I agree to close Tax Court OAH
Lawyers Larceny etc. Puts MN in Limbo
11:04 - actually the lawyers have already lost the charge that there was "disparate treatment." Meaning the City has already won the case that they didn't intend to go after low income residents, the court already agrees that the City is going after badly kept properties. The issue is does going after badly kept properties fall disparately on low income people of color? And, the City is saying... "DUH" who else does the court think would be stuck in those buildings? So, if disparate impact is allowed as a charge, the City can't enforce a housing code of any kind on occupied properties because there will more often then not be a low income person and disproportionately that will be someone of color.
And, Sharon the judge's ruling on LGA is great and will bring the GOP to the table to make a deal happen.
What LGA is, is your income tax monies coming back to the City to pay for cops and fire fighters and plow roads. The GOP calls that welfare. But when your income tax dollars pays for highway patrol in Bovey or Bagley or plows a State highway in Kitson County, that is a good thing and not welfare because the GOP represent those districts. The GOP believes the purpose of state government is to take money from the Metro to pay for outstate and that any monies of that we pay in taxes that come back to Saint Paul or Mpls is welfare.
JMONTOMEPPOF
Chuck Repke
Chuck you said, "The GOP believes the purpose of state government is to take money from the Metro to pay for outstate and that any monies of that we pay in taxes that come back to Saint Paul or Mpls is welfare."
Isn't this the DFL's mantra, redistribution of wealth. The Metro has wealth and they should pay their fair share so outstate can function. How can you as a strong DFL operative be against plowing the streets of Ely. You are RICH Repke, you own rental property, why are complaining? How dare you as a DFLer don't want to pay your fair share.
The gears that run the city are lubricated with vasoline and dog shit. The vasoline will be useful for some of the city's finest when they go to prison. The dog shit will help fertilize needed reforms in St. Paul.
7:10 - the point is you putz that the GOP pound on LGA as welfare for the cities when in the real world it is the 7 county metro that pays for out state MN.
I am a liberal, I have no problem with paying my fair share, I like have police and fire and streets plowed... I would also like everyone to have health care in this country too. My point was not that I didn't want to pay for out state MN, I am just sick and tired of GOP legislators taking the money for out state and screwing the cities.
JMONTOMEPPOF
Chuck Repke
So it is a do as I say, not as I do, right Repke.
Just like the Not In My Back Yard issue you had with the I35 and your STOP 35 group.
Where were you when they were putting I94 through the Rondo neighborhood?
I don't see you on the front lines with the light rail going through the mostly minority section of St. Paul, again.
Repke you only care when it effects your pocket book or if it goes through your backyard.
You are simply a hypocrite, as you have no principles.
9:45 - One person can not be at all places at all times. That does not make him a hypocrite.
In 1980 I was willing to put my house on the line to fight the State of Minnesota from building another freeway through Saint Paul when they had not done an adequate EIS. The State had gotten the judge to require that to be a signer to the law suit that you had to live within a certain distance from the proposed freeway and we had to put up enough security that the court could award that security to the State if we lost the case. So, my security was my house.
We ended up settling with the State rather than continuing the fight to the end. The 45 mile an hour, no truck route was the settlement. I still believe to this day that the State would not have settle except for the fact that we had that strong of a case that we could have won. The most likely outcome of our winning would have been no Federal dollars for the road and no direct connection to either 35E or 94.
It doesn't appear to me that the opposition to lite rail on University Avenue is having any problems finding leaders to their cause. What they are having difficulties with are finding legal reasons to be able to stop the project. I am not a lawyer.
I have been involved in more than my shares of fights and am always willing to step up for another. But, I don't presume that every issue in Saint Paul needs, wants or would be better off with my 2 cents worth of help.
JMONTOMEPPOF
Chuck Repke
PS in 1980 I was 26 years old, married and living in the first house I had ever bought.
In 1960 when the Rondo fight began, I was 6 years old and a first grader at Douglas Elementary. I don't think my leadership then would have been appreciated.
JMONTOMEPPOF
Chuck Repke
Leslie Saw you at the City Council Wed.6Jul2011
Wish you could find someone to run against Lantry I'm doing my share Thanks for speaking out Lantry is a Liar
Please look at Nancy Lazaryan's Video She's back in MN
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