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Opinion: Who decides what is or is not a nuisance?

Opinion by Peter Children of Mason City –

Inequity

There is an unbalance of values happening in this town and it’s as plain as the nose on your face. It centers on the Alex Kuhn ordinance that could be credited for closing Chop/Eleven. Kuhn admits he copied the ordinance from another community but does not go further as to whether or not it’s ever been validly tested in court. I think that opportunity might be closer then you can imagine.

While the issue at hand centers on drinking establishments it also said to include a myriad of descriptions that reach into housing area, and anywhere the police might be called. This brings up the all too important question of just who makes the determination as as to the final decision on whether or not the “police call” will be classified against or in favor of the landlord for a nuisance.

My studiy has so far introduced yet another important aspect to this new fledgling alleged law. (1) As of yet we really don’t know if it’s an actual law; that has yet to be determined. (2) A preliminary finding has uncovered that properties owned by certain individuals have a strong tendency to be able to evade the “nuisance” ruling for the same offence that other landlords are being punished for. Of course the local police are well aware as to who owns the property they are being called to and could be prejudiced, where in a class action suit against the city a district court judge might read the same evidence and see it in a much different light. Speaking of lawsuits involving this city, there seem to be a deluge of them since Bookmeyer took office resulting in hundreds of thousands of dollars being paid out. I think it might be a good idea that if the total monetary payout for the city exceeds $350,000.00 the top two city officials must hand in their resignations. That in itself could solve a lot of problems because they would be history already. Then if the payout reached $500,000.00 the entire council would have to resign, that would mean they too would be gone by the end of the year. I am dwelling far too long of housing when in truth there are numerous infractions in the after hour bar business that are being overlooked; for instance many of you might not be aware of it but we have our very own “hook-ah bar” right in the center of town….but more on that later.

Peter Children

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