Board denies appeal on 2850 W. Highland Blvd. nuisance designation after homicide testimony

The Ministry of Review Board of Appeals denied the appeal of Barrado Properties for 2850 West Highland Boulevard on July 1, finding the city had presented sufficient evidence to support the nuisance designation. Commissioner Yandell (referred to in hearing as the moving commissioner) moved to deny the appeal; Alderman Jackson seconded. The motion passed 4-0.

The city called homicide detectives who investigated two separate fatal shootings tied by the department to occupants or visitors to the building. Detective Bergman described a December 30, 2023 homicide discovered January 4, 2024, in which surveillance footage, key-ring evidence and extensive telephone records linked a suspect to the victim's apartment; the detective testified a suspect was later charged in that case. Detective Donahue described a November 4, 2024 homicide in Apartment 111 in which witnesses said a person identified as a local drug dealer forced entry, argued over money, and shot the resident.

City counsel argued the evidence established a pattern of violent and drug-related activity connected to people who regularly came to or dealt with residents of the property, and that the incidents justified the nuisance designation under the municipal code. Appellant counsel argued the shooter identities and the required legal connection to the premises (owner, operator, manager, resident, occupant, guest, visitor, patron, employee or agent) were not proven for each required instance.

After hearing testimony and reviewing stipulated police reports and briefs, the board concluded the city had met its burden on the record before them and denied the appeal. The board recorded the denial and will provide written notice to the parties.