HomeMy WebLinkAbout03-03-2016 - Notice to Desist - Re: trespassing crim. damage to property PETER W. JOHNSON, LTD.
ATTORNEY AT LAW
249 MILL STREET
EXCELSIOR,MINNESOTA 55331
TELEPHONE(952)475-1907
FACSIMILE(952)476-0007
DIRECT DIAL: (952)475-1907
CELLULAR: (612)741-1907
EMAIL-PETERJ@PETERWJOHNSON.COM
March 3, 2016
Dorothy Parsons
Richard W. Parsons NOTICE TO DESIST
4424 82nd Street South
Bloomington, MN
280 Big Island
Orono, Mn 55331
Regarding: Trespassing criminal Damage to Property
Dear Dorothy and Richard Parsons,
I have been retained by several of your neighbors on Big Island. Specifically, I represent
Fred Bruntjen, Nancy Farnes and Gabriel Jabbour. My clients own the properties outlined
in red on the attached aerial photo. They have repeatedly requested and demanded that
you avoid trespassing on their property. They have attempted to mark the boundaries of
their properties so that there will not be any confusion concerning the extent of their
ownership.
Notwithstanding their repeated communications, you have continued to trespass. You
have driven you motorized equipment over their property. You have cut down vegetation,
including seedling trees on their property as well as on unopened public right of way. You
have compacted and consolidated soils in a way that retards natural plant growth, and
could make the areas unfit for future use as septic treatment sites.
This letter is formal written notice that these unlawful activities must cease. In the past,
your conduct has amounted to unlawful trespass. Further, while trespassing, you have
intentionally damaged the properties owned by my clients.
Pursuant to Minn. Stat. 548.05 my clients have civil claims against you for three times the
damages sustained as a result of your trespasses. In addition, your actions have
amounted to a nuisance as prohibited by Minn. Stat. 561.01, which also includes civil
remedies.
The above remedies apply to the private property owned by my clients. Your activities
have also damaged the unopened public right of way in the areas abutting my clients' L-0?)
properties. I trust that you have been advised that only an abutting owner has the right A^
to perform maintenance on unopened right of way, without a city permit. Your property n,'')abuts unopened right of way for 110 feet along the west property line and for 410
approximately 188 feet along the south property line. In those abutting areas, the City of
Orono permits you to control weeds and to mow without a permit, provided that you do//,
not alter the natural state of the land. /�I
The City's policies clearly grant the same maintenance rights to my clients. In the rights
of way areas between my clients' properties, they alone have the right to choose whether
and how to maintain the right of way. "Self-help" is not available to non-abutting owners
except under permit issued by the City of Orono. My clients have not given you
permission to cut, mow or maintain any of the right of way abutting their properties. This
letter is notice to you that you may not undertake any maintenance activities in the
unopened right of ways except as may be permitted by the City of Orono.
Thank You
Very truly yours,
Peter W. Johnson
Counsel to G. Jabbour, N. Farnes, and F. Bruntjen
(013658X)
Cc: Gabriel Jabbour, Nancy Fames, Fred Bruntjen
Orono City Planning Department
C:\Users\Peter\Dropbox\1 Jabbour-Parsons\Dorothy and Richard Parsons.docx