Minneapolis city leaders acted within their authority when they closed a drug-and-violence-plagued convenience store, the state Court of Appeals ruled Tuesday. The unpublished decision was hailed by City Hall as an important victory in an effort to clean up a North Side neighborhood.
Court affirms Minneapolis action
The Appeals Court said the city has the authority to close problem properties, such as Uncle Bill's on the North Side.
December 12, 2007 at 5:51AM
Mayor R.T. Rybak said closing Uncle Bill's Food Market was a multi-year process. "This shows how far the city is willing to go to protect neighborhoods that have become magnets for crime," he said.
He noted that at least two other stores have been closed and that the city is turning its attention to other stores and troubled liquor establishments.
Judge R.A. Randall wrote the ruling, also signed by Judges Randolph Peterson and Natalie Hudson.
Uncle Bill's, owned by Alioe Meshjell, was in business on the corner of Plymouth and Sheridan Avenues N. in the Willard-Hay neighborhood in May 2006 when the city moved to pull its license. The store stayed open pending appeal but closed last summer when the city condemned the building.
The city revoked the business licenses because of the alleged sale of illegal narcotics on the premises as well as the presence of drug paraphernalia behind the counter, loitering, a failure to remove litter and violation of fire department orders.
Meshjell, who was represented by Leon Trawick, appealed the license revocation on the grounds that the city's decision was arbitrary and capricious. Trawick did not return a call seeking comment.
An administrative law judge determined the city had met the burden of proof on several license violations, but failed to prove the owner had intentionally maintained a nuisance or failed to take appropriate action against the drug sales.
Although police testified to seeing drug transactions, there was no evidence that Meshjell was aware of them, the administrative law judge ruled.
The City Council voted to revoke the license. That decision "was within its discretion, and we cannot conclude that it was arbitrary and capricious," Randall wrote in affirming the council's action.
Rybak noted that because of the closing of Uncle Bill's, Big Stop on 26th and Knox Avenues N. and Wafanas on 24th and Lyndale Avenues N., the neighborhoods are a "much better place to walk."
Rochelle Olson • 612-673-1747
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