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Board grants appeal for 4264 N. 20th (North 7th St.) after questioning city's connection to robbers
Summary
The review board granted an appeal by property representatives for 4264 North 20th/20th Place (appeal heard July 1), finding the city did not show the people who committed a November robbery were persons associated with the premises under the municipal nuisance code.
The Ministry of Review Board of Appeals granted an appeal by the property owner for the nuisance designation at 4264 North (appearing in hearing as 4264 North 20 Seventh Street) on July 1. Commissioner Yandell moved to grant the appeal; Commissioner Hammer seconded. The motion carried 3-1.
Officer Christopher Schley testified for the city about two incidents used in the nuisance letter: a November 18, 2024 robbery in which two armed persons forced entry into an apartment at the address and demanded money and drugs, and a December 13, 2024 incident in which a visitor reportedly forced his way into an apartment and threatened occupants with a firearm. The city's case linked the November robbery to individuals seen in the general area where a prostitute was dropped off the day prior, and argued those events were part of an illicit market that connected outsiders to the premises.
Appellant counsel argued the November robbers were not shown to be owners, managers, residents, guests, visitors or patrons of the property as required by the nuisance ordinance's definition of "persons associated with the premises." Officer Schley acknowledged on cross-examination that investigators had no evidence the robbers were invited to the property, did business with the tenants, or lived at the address. He said the only connection was that the robbers had been observed in the same neighborhood block (4318 North 20th) where the prostitute had been dropped off.
After discussion, one commissioner characterized the city's link between the November robbery and the property as "a hair" and concluded the evidence did not show the required statutory association for that incident. Because the ordinance requires two qualifying incidents, the board concluded the city had not met the burden and granted the appeal. The decision was recorded as a 3-1 vote; the board will issue written notice of the ruling.
The board admitted police reports and related exhibits the parties had stipulated to; there were no witnesses called by appellant counsel.
