Kare11
94-year-old MPLS woman’s property case goes to the Supreme Court
The lower courts sided against Geraldine Tyler. Legal experts think the Supreme Court might overturn the previous rulings.
WASHINGTON D.C., DC — A 94-year-old Minneapolis woman’s court case against Hennepin County has made its way to the Supreme Court. On Wednesday, the Court heard arguments for why Geraldine Tyler believes her constitutional rights were violated by the county.
In 2015, Tyler’s North Minneapolis condo was forfeited to Hennepin County after she did not pay property taxes for five years. Tyler owed $2,300 in unpaid taxes. With interests and penalties, that number totaled up to $15,000.
Hennepin County sold her property a year later for $40,000. Under Minnesota law, the county can legally keep the extra $25,000 from the sale.
“Is the government, when they take your property for back taxes, entitled to all the value and equity of your property or are they only entitled to the amount of back taxes owed?” Hamline political science professor, David Schultz said.
The Associated Press says the justices seemed in broad agreement with arguments by the lawyer for Tyler that Hennepin County violated the Constitution’s prohibition on the taking of private property without “just compensation.”
Dorsey & Whitney partner, Steven Wells says the questions the Court asked were compelling.
“Conservative and both liberal justices were obviously concerned they (the county) could take a property of immense value, like $1 million, when the taxes were only let’s say, $5 dollars,” Wells said.
Hennepin County’s attorney reminded the justices of a Supreme Court ruling in 1956 when they upheld New York City’s decision to keep the $7,000 it received for selling a property it seized over a $65 water bill.
“The justices were debating does that seem right? Does that seem fair? Does that seem constitutional? I think both sides were concerned about that,” Wells said.
Wells also pointed out that the Justices expressed worry over unintended consequences, like an impact on eminent domain or abandonment.
Christina Martin, representing Tyler, made a point of fairness drawing from the Magna Carta in 1215 spelled out “that the government could not take more than it was owed.”
Minnesota is among roughly a dozen states and the District of Columbia that allow local jurisdictions to keep the excess money, according to the Pacific Legal Foundation, a not-for-profit public interest law firm focused on property rights that represented Tyler at the Supreme Court.
At least 8,950 homes were sold because of unpaid taxes and the former owners received little or nothing in those states between 2014 and 2021, according to Pacific Legal.
Other states are: Alabama, Arizona, Colorado, Illinois, Maine, Massachusetts, Nebraska, New Jersey, New York, Oregon and South Dakota, the group said.
There has been no explanation about why Tyler stopped paying her property taxes when she moved from the condo, where she had lived since 1999. She moved for “health and safety” reasons, Pacific Legal said.
The county said in court papers that Tyler could have sold the property and kept whatever was left after paying off the mortgage and taxes, refinanced her mortgage to pay the tax bill or signed up for a tax payment plan.
Instead, she did nothing for five years, the county said, until after authorities followed state law and sold the condo. The county wrote: Tyler believes “the Constitution required the State to serve as her real estate agent, sell the property on her behalf, and write a check for the difference between the tax debt and the fair market value.”
Lower courts sided with the county before the justices agreed to step in.
Minnesota and a handful of states and government associations are backing the county, warning that a Supreme Court ruling could tie the hands of local governments that rely on property taxes.
But the bulk of support in court filings is with Tyler, including AARP, business groups, real estate interests and other people who have gone through experiences similar to hers. Minnesota Representative Tom Emmer also wrote a brief on her behalf.
A Massachusetts man described his ongoing fight with authorities over a tax bill of $900 on a property he says is worth at least $330,000 in a beach town on Cape Cod Bay. In a filing from New York, property tax attorney David Wilkes and legal services groups wrote that New York’s rules “excessively take far more than what is due to the government and go well beyond an appropriate deterrent to those homeowners who would ignore a tax delinquency.”
The Biden administration told the court that Tyler’s claim that her property was taken without just compensation, in violation of the Fifth Amendment, is the stronger of her arguments.
Tyler also is raising a claim that Minnesota’s law violates the Eighth Amendment’s prohibition on excessive fines. But if the court rules in her favor based on the Fifth Amendment, it wouldn’t have to decide the other issue.
Not until 2019 did the Supreme Court rule that the “excessive fines” clause applied to the states as well as the federal government.
A decision in Tyler v. Hennepin County, Minnesota, 22-166, is expected by late June.
Steven Wells, who KARE interviewed for this story, has represented KARE 11 in prior cases unrelated to today’s Supreme Court hearing.
AP – 2023-04-26T19:47:46.651Z
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Justin Ekelman’s business, Shrimply the Best, has a fan following.
MARICOPA COUNTY, Ariz. — There are things you expect to see along a desert highway and then there are Justin Ekelman’s hand-painted signs.
Drivers on State Route 347 between Phoenix and Maricopa usually pass them before they see the old, white cargo van Ekelman parks in a dirt lot off Riggs Road.
He is a man, with a van, who sells seafood.
“I do this year-round, I sweat it out and then when the winter comes, the snowbirds come back and it’s amazing,” Ekelman said. “You can’t bring enough; you can’t fill this thing enough.”
He is also not oblivious to what some people think when they see his Pike Place Market on four wheels: Seafood from a van in the desert? It seems a little sketchy. And a little dangerous.
But if you stop, Ekelman will proudly show you his frozen food vendor permit and other licenses one needs to sell shrimp and scallops on the side of the road.
Ekelman’s business, Shrimply the Best, has a fan following. In fact, one-third of voters in a recent InMaricopa poll named his seafood van their favorite food source.
Shrimp from Rocky Point are his bestsellers but Ekelman keeps his chest freezer stocked with Caribbean lobster tails, mussels and a variety of fish, too. An extension cord plugged into a gas-powered generator keeps everything frozen even when it’s 115 degrees outside.
“If it was sitting in a cooler in ice, it may be a little weird,” Ekelman said.
Selling seafood out of a van has provided Ekelman, a single father of two teenage boys, with enough to pay his bills and keep a roof over their heads. He feels more blessed than he did 15 years ago during the Great Recession.
Ekelman bought his first home in 2008, then lost his job as a carpet and air duct cleaner.
“Long story short, I ended up having to short sell my home, lived with my parents for a year and a half. My dad said come do this,” Ekelman said.
His father, a former door-to-door meat salesman, ventured into the roadside seafood business 40 years ago. Ekelman said his dad used wet rags to keep himself cool during the summer months.
“I did it one year like that. Why would you do that when you could buy a $130 air conditioner? I made a stand, put it in my window, now I have a little cold room,” Ekelman said, pointing to the curtains at the front of his van.
His father retired more than a decade ago and Ekelman retained many loyal customers. The business has not changed much since then, including the rudimentary hand-painted signs along the highway. Those are informative – and nostalgic.
“Ahead: Rocky Point Shrimp,” one of them reads.
“I go to Home Depot, get the wood, get them cut and paint them up, that’s how my dad always did it,” Ekelman said. “I have people stopping all the time saying ‘I can make you professional signs’ and I‘m like, ‘Bro, this is what people see. It’s a lot cheaper.’”
Ekelman also gets his seafood from the same source: His dad’s friend who owns a distributing company and gets seafood shipped to the Valley from across the globe. The company supplies seafood to restaurants, cruise liners and small fry (we couldn’t resist) like Ekelman.
“A lot of people assume I am getting it all from Mexico, it’s not,” Ekelman said. “A lot of the shrimp do but I just had salmon from Alaska, my lobster tails right now are out of the Bahamas, I have got orange roughy from New Zealand, the catfish is from here in the U.S., all sorts of different places but it is wild caught.”
Ekelman said he gets a good deal buying wholesale but the COVID pandemic forced him to raise his prices.
“My lobster tails, I was paying $5 a tail cheaper near 2019, COVID hit and everything went up,” Ekelman said. “I have tried to keep it pretty reasonable but my profit margins have gone down.”
Shrimply the Best accepts cash and credit cards.
A pound of raw, frozen shrimp ranges from $9 to $12 per pound depending on the size and type. Ekelman sells a 5-pound bag of extra jumbo, U-15 size tiger shrimp for $60 a bag. Chilean black mussel meat is $10 per pound. Wild-caught U.S. catfish sells for $6 per pound and orange roughy, a deep-sea perch caught in the waters off New Zealand goes for $12 per pound.
When Ekelman has no customers, he sits in the cab of the van with his makeshift air conditioning unit and reads his Bible.
He’s especially proud of his lobster tails, which are nearly as big as his forearm. An 18–20-ounce tail goes for $36 or two for $68.
“Mother’s Day is crazy; I could fill this thing with lobster and it’s just gone,” Ekelman said. “Father’s Day? Well, we don’t get treated as well as the ladies do sometimes.”
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The crash occurred at 8:15 a.m. Wednesday in Welcome, Minnesota after the bus driver failed to yield to the truck, which had the right-of-way.
WELCOME, Minn. — Nine students were injured Wednesday morning when a truck crashed into a bus in southern Minnesota.
The crash occurred at 8:15 a.m. in Welcome, Minnesota after the bus driver failed to yield to the truck, which had the right-of-way at the intersection of County Road 7 and 280th Street, according to the Redwood County Sheriff’s Office. In a press release, officials say the nine students sustained “minor injuries” and were transported to a nearby hospital.
The initial investigation indicates that the truck, an F550, was traveling north on County Road 7, while the bus, which was providing service to the Wabasso Public School District, was traveling east on 280th Street. The news release says the truck had the right-of-way at the intersection.
“We are grateful that no serious injuries happened to our students, the driver or the other driver, however, nine students were transported to area hospitals for follow-up treatment,” Superintendent Jon Fulton said in a letter to parents. “… The District and 4.0 bus transportation company is praying for a speedy recovery for the students and families involved.”
Several fans said this team has inspired them to pursue a career in sports.
MINNEAPOLIS — The Minnesota Lynx is inspiring the next generation of athletes regardless of whether they win or lose.
Sophia Witkowski went to the game with her mother, Christy, to watch Game 3 of the WNBA Finals.
“For her to see all her idols it’s just so fun,” Christy said.
“I like it because women’s sports aren’t that popular. Now the WNBA is really popular,” Sophia said.
They weren’t the only mother-and-daughter duo at the game. Amanda Williams took her 10-year-old daughter Abby to watch.
“It’s really awesome to have my daughter here to see great role models from the team and the fact,” Amanda said.
“I think that it’s super cool that they get to do what they want to do, and they get paid for it too,” Abby said.
Maggie Niska with Her Next Play, a nonprofit working to empower the next generation of female leaders through sports, said their visibility is everything.
“I think it gives these girls someone to look up to, and it gives them something to aspire to, and by having them in the community it makes seem a little more reachable too,” Niska said.
She said the Lynx Academy put on a basketball clinic for some of her girls in Hopkins Tuesday night. Niska said all of the professional women’s sports teams in Minnesota show girls they can have a future in sports.
“I just think that any visibility these girls can get to women competing at sports at a higher level, hearing these women speak, and seeing them succeed, and getting insight into their lives and what they do to compete at this higher level, I think all of that serves as a great inspiration to these girls,” she said.
It’s something Lynx Head Coach Cheryl Reeve understands well.
“For young girls to see the opportunities for them to play in any sport and then also more in sport, jobs in sports that sports can be a career,” Reeve said.
Sophia Ritter and Taylor Tool drove hours to see the players in action.
“We traveled from Aberdeen, South Dakota and the Northern State women’s basketball team took two vans,” she said.
Ritter and Tool both said it was a cool opportunity for them to see two great teams play on the professional level.
“Growing up, WNBA wasn’t really a big a thing and something that everyone was watching and now that it’s growing it’s really nice to see,” Ritter said.
“It’s really fun seeing all the support and seeing how many people come to watch the games like it’s really cool to see all the fans in the stands filling up and it’s growing,” Tool said.
Gophers’ Shoot Guard Mara Braun went to the game with her team after practice.
“These women out here are just amazingly talented and they play with this toughness that I think we’re really trying to embody as a team,” Braun said.
She knows young girls are looking up to her and her teammates just like they are with the Lynx.
“Especially growing up, you know, you want to play college basketball, and the next level is WNBA or overseas or whatever it is, so for me this is obviously a dream and something I’m working towards to be able to see it,” she said.
Braun dreams of playing in the WNBA and watching the Lynx and the Liberty in the finals makes that dream feel like it could be her new reality.
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