HomeMy WebLinkAbout1975 08-12 Wiegert, Greavu names in law suit against city REVIEW Wiegert , Greavu
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by Scott Carlson11.1'\. southerly 150 feet of Chamber st. lying members named in the suit "knowingly,
A$100,000 suit for personal damage to north of Frost ave.so vacated be left as is willfully, intentionally and unlawfully
the Howard and Rose Barkdoll property and not be raised, filled or paved," acted in violation of the law and beyond
has been brought against a Maplewood Ballenthin states. the scope of authority granted to them by
business; two current city councilmen— However,Maplewood Enterprises, Inc. the law, to the damage of plaintiffs and
John Greavu and Donald Wiegert, three violated this condition"and paved all or a their property."
former council members and the city of portion of said southerly 150 feet of Ballenthin said it is the duty of the
Maplewood. vacated Chamber st.," he added. council members "as duly elected of-
The Barkdolls then protested these ficials of the city of Maplewood . . . to
The suit, filed by Attorney James violations to the city council but have uphold and enforce the law for the general
Ballenthin, cites Greavu and Wiegert as received no cooperation from the council, benefit of the community and for the
well as former Mayor Lester Axdahl, Ballenthin indicated. Violations continue specific benefit of each member of the
councilman Harold Haugan and coun- "contrary to law," he added. community."
cilwoman Patricia Olson for failure to Ballenthin states that the unnecessary The plaintiffs claim that because of the
enforce laws which could have prevented paving now has caused water to be unnecessary diverting of water onto the
the drainage of water onto the Barkdoll diverted on the Barkdoll property. Barkdoll's property that is it has been
property, 1940 Atlantic st. The plaintiffs charge that the actions of unnecessarily damaged and devalued.
Maplewood Enterprises, Inc. "to be For this physical suffering they ask for
Defendants in the suit have 20 days to illegal,without authority and in violation $100,000.
answer the 11 page listing of complaints of the permits issued to it and of the law." They also ask for additional
from the Barkdolls. City Attorney John But instead"the city of Maplewood and remuneration between now and the time
Bannigan assured Greavu last Thursday the council, having heard the protests of that a court decision is rendered.
night that he would immediately look into the plaintiffs, refused and still refuse to The Barkdolls also ask for alterations in
the situation. enforce the permits and the law against the existing grade so water no longer
Ballenthin,in the legal brief,states that Maplewood Enterprises, Inc. thereby flows onto their property and they ask for
Maplewood Enterprises, Inc. (home of permitting said violations to continue an enforcement of the permit conditions
the Maplewood Bowl) raised, filled and contrary to the permits and the law." and the law against Maplewood Enter-
The suit alleges that the council prise, Inc.
paved certain lands it owned in 1970,
which since have caused continual
drainage problems for the Barkdolls.
"In connection with the raising, filling
and paving undertaken by Maplewood
Enterprises, Inc., the city of Maplewood
authorized the vacation of a portion of
Chamber st. situated north of Frost ave.
subject to the express condition that the