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Commission authorizes civil nuisance lawsuit to abate property
Summary
The commission voted unanimously to authorize the chair to sign a resolution directing the state's attorney's office to file a civil nuisance action to abate a property, with the sheriff's office authorized to assist in executing a court order if obtained.
Deputy State Attorney Maggie Gillespie asked the Minnehaha County Commission to authorize the commencement of a civil nuisance action to abate a property the county previously declared a nuisance. Gillespie said the complaint is drafted and, once served, owners would generally have 30 days to answer; the county would then seek an expedited hearing if necessary.
Gillespie noted the sheriff's office would need a court order to gain access to the property so the county's contractor could perform abatement work. Commissioners asked about time frames and the role of the sheriff; Gillespie said service, answer periods and scheduling with the court would set the timeline and that a hearing could be pursued on an expedited basis.
Speaker 3 moved to authorize the chair to sign the resolution; the motion was seconded and the commission approved the resolution by unanimous roll call.
Next steps: the state's attorney's office will serve the complaint on the property owners and seek a court order to allow the county to proceed with abatement if the court grants relief.
