My Story
"Case Study: Elizabeth Howell vs City of Minneapolis"
“The Court’s decision is extremely positive for many other homeowners who live near retaining walls. The City of Minneapolis tried to force this resident to pay for the City’s wall, citing an inapplicable section of the City’s Ordinance Code and then litigating for with her for more than two years. I am pleased that we were able to prove that the City was wrong from the beginning. ”
Most residential ordinance violations are about fixing something on your property that is deficient and cause a public safety or health risk, carry a modest repair cost, and are easily remedied. The most absurd part of my ordinance violation was that it was never mine to fix in the first place.
Add to that the cost of the ordered repair was estimated at $70,000 to $90,000, the retaining wall I was ordered to repair wasn’t on my property, the City chose to litigate against me, the costs mounted to hundreds of thousands of dollars and raged on for half a decade – and there are hundreds of other city homeowners with the same violation as mine.
The City cites an average of 250 property owners each year with the same ordinance violation that I received.
At first, I believed it must have been my responsibility because the City cited me. I was cited in September 2008 under the Housing Maintenance Code section 244.1590 and ordered to repair or replace a large retaining wall that supported the public sidewalk at West 48th Street and Drew Avenue South. I obtained estimates and …...
