Lawsuit over ‘nuisance property’ highlights frustration with criminal hot spots in Minneapolis

Lost in the aftermath of unrest and rising crime in Minneapolis, homeowners on one block of 10th Avenue South say their neighborhood became a magnet for drugs, shootings, and gang activity.

They traced all of it back to a single rental property.

“A reckless endangerment of innocent neighbors,” one resident wrote to the city, according to court records. “THIS HAS GOT TO STOP.”

Now one of those neighbors, Sharon Falknor, is suing the City of Minneapolis.

“You have one house that is totally out of control, and it’s making it difficult for everyone,” said Falknor, who is the owner and landlord of the house next door.

Minneapolis City Attorney Kristyn Anderson declined an interview request from 5 INVESTIGATES and declined to provide any written comment about Falknor’s lawsuit.

Lawyers for the city filed a motion to dismiss the lawsuit, which will be argued at a hearing in November.

Win or lose, activists say the legal battle points to the larger issue of how the city responds to known hot spots for crime.

“When you see these kinds of actions where people are suing the city, they are just fed up,” said Harding Smith, a local activist. “They’re fed up, they’re tired, they’re broken and they’re fighting.” 

‘They could’ve blown up the house’

Falknor’s lawsuit documents a series of escalating problems at the property since 2020, including a homicide and another incident where someone shot at the gas meter of Falknor’s house with her tenants inside.

“Very scary,” Falknor said. “They could’ve blown up the house. They could have hurt my tenants, plus neighbors, anyone walking by.”

Falknor’s tenants moved out, and in December 2020, she sued the owner of the house, Walter Bratton Sr, for damages.

Falknor won a judgment of more than $28,000 when Bratton did not show up to court.

Bratton, who is 84-years-old, could not be reached for comment.

The city’s Housing and Zoning Committee revoked Bratton’s rental license in March of this year, but by then, Falknor and her neighbors say the city had already let the property become a threat to public safety.

Falknor’s attorney, Steve Anderson, says the city has “created a nuisance.”

“I can’t point to a person and say, ‘you – you’re negligent.’ The process is negligent,” Anderson said. “We’re not arguing that we’re unique. This is happening in a lot of places.”

Sending a message

One of those places is at the corner of West Broadway and North Lyndale in North Minneapolis.

A rash of crime in that area prompted the Minnesota Attorney General to threaten a lawsuit against two businesses.

One of them, Merwin Liquors, has since hired a nonprofit group to provide security.

“I think we’re at a place now where we’re seeing steps that are being taken by citizens to ensure the safety of their community,” said Smith, the president of the nonprofit Minnesota Acts Now. 

“People are angry, people are tired,” said Smith, “Something that poses imminent danger – clear and present danger to our residents – we really need to be there for them.”

The legal challenges have extended beyond certain businesses or neighborhoods.

Notably, a group of residents sued the city in 2020 for not having enough police officers.

That group dropped its lawsuit earlier this month but said it sent a message.

Unexpected help

When Falknor first spoke to 5 INVESTIGATES about her lawsuit in August, she was bracing for a long fight.

“I truly believe in what I’m doing. I truly believe we can make that neighborhood a better place. A safer place,” Falknor said.

Soon after that, help came from an unexpected place.

Andrew Dibble – a real estate broker, general contractor, and attorney bought the Bratton property.

“Somebody else found it, brought it to me and said, ‘hey, I think I’ve got a good deal,'” Dibble said. “I guess I didn’t quite understand how bad it was in terms of the interactions that were going on.”

Dibble has now begun the job of renovating the five-unit property and resolving nearly two dozen open housing violations, from electrical to fire safety issues.

“Hopefully, you’ll see these changes coming in the next few months over the winter and by the spring, it’ll be a completely different property,” Dibble said.

The fact that Bratton no longer owns the property is also now part of the city’s motion to dismiss Falknor’s lawsuit. In a memo filed with the court this month, the City Attorney’s office argued the case is now moot.

Falknor and her attorney, Steve Anderson, say they still hope the lawsuit sends a message that the city needs to address these hot spots before they threaten the safety of entire neighborhoods. 

“I want people to understand the problems Sharon is facing are not just based on individuals shooting across the street,” Anderson said. “It’s based on an institutional failure of the city to address those issues.”