The Free Press, Mankato, MN

Local News

September 28, 2008

Appeals court overturns eviction

mn Judge was wrong to rule in favor of eviction from Walnut Towers

By Dan Nienaber

MANKATO — A Mankato woman will be allowed to stay in her apartment after the Minnesota Court of Appeals ruled a Blue Earth County District Court judge was wrong to rule in favor of her eviction.

After moving into Mankato’s Walnut Towers in July 2006, Lori Schwan received several warnings about her conduct and neighbors concerns. In March 2007, after a confrontation with her landlord, Schwan was told she had to move out.

Schwan challenged the eviction with a lawsuit citing the Minnesota Human Rights Act and the Federal Fair Housing Act. She said she was disabled and requested Walnut Towers make reasonable accommodations for her.

Tashi Shewa, an attorney appointed to her by Southern Minnesota Regional Legal Services, said Schwan believed her problems at the apartment would go away if she was able to receive therapy psychiatrist.

When the case came before District Court Judge Kurt Johnson, Shewa objected when Mary Dundas appeared on behalf of Lasson Management, which manages Walnut Towers. Dundas is the apartment manager, not an attorney.

Shewa’s objection said state law requires apartment management companies to be represented by an attorney during eviction hearings.

Johnson overruled the objection, saying it is, “the long standing tradition in Blue Earth County of not requiring incorporated landlords to be represented during eviction hearings,” court records said.

Shewa challenged the ruling, which was reversed by the appeals court.

“When appearing before this court, our supreme court, or in district court, the law in Minnesota requires that a corporation must be represented by a licensed attorney,” the ruling said.

Johnson should have dismissed the eviction rather than going to trial, so there was no reason to decide whether Schwan’s eviction should have been overturned for other reasons, the ruling said. The ruling also pointed out Walnut Towers still hasn’t appointed an attorney to the case.

“This should be the end of it,” Shewa said last week. “The order has come down and I don’t think Walnut Towers is going to appeal to the Supreme Court.”

Dundas could not be reached for comment.

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