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Judge grants city summary judgment; Dell Rapids may demolish structures at 105 N. Orleans after 30 days
Summary
The city attorney told council a judge granted summary judgment in the city's favor regarding 105 North Orleans, giving the property owner 30 days from the signed order to remove personal property after which the city may demolish structures and assess the cost to the parcel.
City attorney Dean reported that in a July hearing the judge issued summary judgment in favor of the city regarding the property at 105 North Orleans. The city, Dean said, will provide the property owner 30 days from the date the order is signed to remove any remaining personal property; the owner retains title to the land but the city will have the authority to demolish the remaining structures and fill and grade the lot thereafter.
Dean said the hearing was held with the judge and the city’s trial counsel, Justin Ferguson of Woods Fuller; the property owner appeared pro se. The city elected not to pursue a personal monetary judgment against the owner and will instead assess demolition and remediation costs against the parcel. Staff reported they have already begun contacting local contractors to obtain bids and will follow the same process used on similar properties, using the bid limit thresholds to determine whether formal bidding is required.
Council members asked about asbestos checks, capping utilities and disposal logistics; staff said those steps will follow the same procedures used previously and that neighbors have been kept informed. "The judge granted our motion for summary judgment and gave the property owner 30 days from the time the order is signed to remove any remaining personal property," Dean said.
Staff will return to council with bids and a recommended demolition contract once the 30‑day period has elapsed and the order is finalized.
