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3536 Lyric Avenue - 17-117-23-43-0056
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paperwork re: code violations-inspections;ltrs;court papers, etc.
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Last modified
8/22/2023 3:42:16 PM
Creation date
7/5/2017 9:08:17 AM
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x Address Old
House Number
3536
Street Name
Lyric
Street Type
Avenue
Address
3536 Lyric Avenue
Document Type
Misc
PIN
1711723430056
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' � r <br /> , . <br /> Henke did not do so, assertedly because of cost considerations. Given the <br /> � status of the record, the Administrative Law Judge can only conclude that the <br /> current support system for the structure does create a condition dangerous to <br /> � human life. Under such circumstances, section 104(c) of the Uniform Buildlnq <br /> - Code authorizes the City to require the abatement of the dangerous condition. <br /> Finally, Mr. Henke claims an estoppel against the City. He asserts that <br /> Mr. Jacobs was asked to provide a list of improvements necessary and that he <br /> relied on that list in deciding to purchase the property. Since the list did <br /> not include footings and a foundation and he purchased the property subsequent <br /> to receiving the list, Mr. Henke argues that the City is now estopped from <br /> imposing additional requirements. <br /> In Brown v Minnesota Department of Pub11c Welfare, 368 N.W.2d 906, 910 <br /> (Minn. 1985) , the Minnesota Supreme Court summarized the law of government <br /> estoppel as follows: <br /> To establish a claim of estoppel , plalntiff must prove that <br /> defendant made representations or inducements, upon which <br /> plaintiff reasonably relied, and that plaintiff will be <br /> harmed if the claim of estoppel is not allowed. Northern <br /> Petrochemical Co. v. United States Fire Insurance Co. , 277 <br /> N.W.2d 408, 410 <Minn. 1979) . The government may be <br /> estopped if �ustice requires, but this court has said it <br /> does not "envision that estoppel will be freely applied <br /> against the government." To estop a government agency, <br /> some element of fault or wrongful conduct must be shown. A <br /> plaintiff seeking to estop a government agency has a heavy <br />� burden of proof. When deciding whether estoppel will be <br /> applied against the government, the court will weigh the <br /> public interest frustrated by the estoppel against the <br /> equlties of the case. <br /> Initially, to establish estoppel � Mr. Henke must show an inducement to an <br /> action based on some element of fault or wrongful conduct by the government. <br /> The Administrative �_aw Judge does not flnd that the action of the Building <br /> Official in not in�tially requirinq conforming footings-and a-foundation <br /> constitutes such wrongful conduct. Mr. Henke had told Mr. Jacobs that he only <br /> wished to remain 1n the property for a short period of time while a new <br /> dwelling was being constructed. Under such circumstances, the Building <br /> Officlal did not requlre the addltional footings and foundation. When it <br /> became apparent that Mr. Henke lntended to reside in the st,ructure permanently <br /> and, perhaps, at some later date. transfer the property to other persons,- the <br /> Building Official required strict compliance ►rith the Uniform Building Code. <br /> It was the representation of Mr. Henke and not any wrongful conduct by the <br /> Building Official which accounts for the-initial lnspection �report excluding <br /> improved footings and a foundation. . U�der such circumstances. no.estoppel <br /> lies. Armbrewster v Stanton-Pilaer Draina9e District, 169 Neb. 594, 100 <br /> . � N.W.2d 781 , 792-793 (1960) ; Jensen v. Omaha Public Power Dlstrict, 159 Neb. <br /> 277, 66 N.W.2d 591 , 598 (1958). . �._ ._. - - <br /> Even assuming� however, that the Building Offlcial negl�lgently induced <br /> detrimental reliance by Mr. Henke, the balancing of harm test �previously <br /> stated precludes estoppel . In determining whether conduct on the part of a <br /> municipal official creates an estoppel . it is necessary to balance the <br /> �o� , A <br />
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