Appeal of Krenik

884 N.W.2d 913, 2016 Minn. App. LEXIS 65, 2016 WL 4420809
CourtCourt of Appeals of Minnesota
DecidedAugust 22, 2016
DocketNo. A15-1566
StatusPublished
Cited by2 cases

This text of 884 N.W.2d 913 (Appeal of Krenik) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Appeal of Krenik, 884 N.W.2d 913, 2016 Minn. App. LEXIS 65, 2016 WL 4420809 (Mich. Ct. App. 2016).

Opinion

OPINION

WORKE, Judge.

Relator argues that his use of tarps and a fence is sufficient to meet the screening requirements of Minn.Stat. § 168.10, subd. le. Relator also argues that the St. Paul City Council’s determination upholding a vehicle-abatement order is arbitrary. We affirm.

FACTS

On May 6, 2015, John Ross, an inspector with the City of St. Paul Department of Safety and Inspections, visited relator John Krenik’s property after receiving a complaint regarding several vehicles that had not been moved in six months. In Krenik’s driveway, Ross observed a Buick without current license tabs and two collector vehicles. Ross directed Krenik to purchase up-to-date license tabs for the Buick. Ross also referenced Minn.Stat. § 168.10, subd. le, which requires collector vehicles stored outdoors to be “screened from ordinary public view by means of a fence, shrubbery, rapidly growing trees or other appropriate means.”

Krenik later asked Ross whether a tarp would provide a sufficient screen for the two collector vehicles. Ross told Krenik that a tarp would not be sufficient but that Krenik could try a tarp to see if it would “placate! ] whoever made the original complaint.” Ross subsequently closed the investigation after visiting Krenik’s property and observing tarps over the collector vehicles and up-to-date tabs on the Buick.

Ross later responded to another complaint about Krenik’s property relating to the two collector vehicles covered by tarps. On June 9, 2015, Ross issued a vehicle-abatement order, stating that the tarped vehicles violated Minn.Stat. § 168.10, subd. le, because the tarps did not screen the vehicles from ordinary public view.

Krenik appealed the order and requested a hearing. Prior to the hearing, Krenik constructed a portable wooden fence and placed it in front of the tarped collector vehicles. The roofs of the tarped collector vehicles were visible above the top of the fence. The hearing officer concluded that the vehicles were not screened from ordinary public view. Krenik appealed to the St. Paul City Council, which held a hearing and denied Krenik’s appeal. Krenik appeals the city council’s decision by writ of certiorari.

ISSUES

I. Did Krenik’s tarps and fence satisfy the screening requirements of Minn. Stat. § 168.10, subd. le?

II. Are the city council’s findings arbitrary?

ANALYSIS

Statutory interpretation

Krenik argues that the tarps and fence adequately screened his vehicles from ordinary public view, satisfying the requirements of Minn.Stat. § 168.10, subd. le. Krenik’s argument presents a question of statutory interpretation, which we review de novo. City of E. Bethel v. Anoka Cty. Hous. & Redev. Auth., 798 N.W.2d [915]*915375, 379 (Minn.App.2011). The object of statutory interpretation is to “ascertain and effectuate the intention of the legislature.” Minn.Stat. § 645.16 (2014). We first determine whether the statute’s language is clear or ambiguous. E. Bethel, 798 N.W.2d at 380. Ambiguity exists when a statute’s language is susceptible to more than one reasonable interpretation. Id.

Minn.Stat. § 168.10, subd. le, states that collector vehicles .., may be stored in compliance with local government zoning and ordinances on their owners’ property, provided that the vehicles and any outdoor storage areas they may require are maintained in such a manner that they do not constitute a health or environmental hazard and are screened from ordinary public view by means of a fence, shrubbery, rapidly growing trees or other appropriate means.

The parties disagree over the meaning of the word “screened.” Because Minn.Stat. § 168.002 (2014) does not provide a definition for “screened,” the word should be given its “common and approved usage.” MinmStat. § 645.08(1) (2014). “Screen” means “[t]o conceal from view.” The American Heritage Dictionary 1622 (3d ed.1999). “Conceal” means “[t]o keep from being seen, found, observed, or discovered; hide.” Id. at 390; see also Black’s Law Dictionary 327 (9th ed.2009) (defining concealment as “[t]he act of removing from sight or notice; hiding”).

The city argues that the vehicles’ presence must be hidden from ordinary public view, or in other words, that Krenik’s efforts are insufficient because a person could tell that cars are located under the tarps and behind the fence. Krenik argues that the vehicles must be screened so that a person cannot see the condition of the vehicles and, thus, cannot tell whether the vehicles are “junk” cars. Both interpretations are reasonable; thus, the statute is ambiguous.

We are persuaded by the city’s interpretation of section 168.10, subdivision le. When interpreting a statute, the canon of ejusdem generis states that “general words are construed -to be restricted in their meaning by preceding. particular words.” See MinmStat. § 645.08(3) (2014); Black’s Law Dictionary 594 (9th ed.2009) (defining canon). Section 168.10, subdivision le, states that “collector vehicles ... may be ... screened ... by means of a fence, shrubbery, rapidly growing trees or other appropriate means.” A fence, shrubbery, and rapidly growing trees are physical objects capable of concealing the presence of the object hidden behind it. Following the canon of ejusdem generis, the legislature did not intend to include a tarp or opaque cover that merely conceals the aesthetic qualities of an object.

Moreoyer, Krenik’s claim that the legislature enacted section 168.10, subdivision le, solely for aesthetic purposes is unpersuasive in light of the scope of the statute. Krenik argues that in enacting the statute, the sole “mischief to be remedied” is hiding the appearance of an unsightly collector vehicle. See ■> MinmStat. § 645.16(3). Such an interpretation, however, is unreasonable because the statute also encompasses vehicles that do not create an “eyesore,” such as a well-maintained Ford Model T registered as a pioneer vehicle. See MinmStat. §§ 168.10, subd. le; 168A.01, subd. 16a (defining “[rjestored pioneer vehicle”). (2014).

Accordingly, we conclude that the legislature enacted section 168.10, subdivision le, not only for aesthetic purposes, but also in the- interests of public safety. See MinmStat. § 168.10; subd. le (stating that collector vehicles may be stored outside “provided that the vehicles and any out[916]*916door storage areas ... are maintained in such a manner that they do not constitute a health or environmental hazard”).

Several jurisdictions have recognized that outdoor storage of motor vehicles may lead to vandalism on or around the property. See Whitley v. City of Brandon, 15 So.3d 483, 485, 487 (Miss.Ct.App.2009); Village of Brady v. Melcher, 243 Neb. 728, 731-32, 502 N.W.2d 458 (1993) (stating that vehicles stored outside may “pose an attractive nuisance for children”); see also Minn.Stat. § 168B.01 (2014) (stating that abandoned vehicles present a danger “to the safety ... of children and other citizens”). Here, tarps' and a fence that do not conceal the presence of the vehicles from ordinary public view do riot advance the public’s interest in safety or effectively prevent attractive nuisances.

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Related

Mohamed Shaaban Sultan, Relator v. City of St. Paul
Court of Appeals of Minnesota, 2024
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Cite This Page — Counsel Stack

Bluebook (online)
884 N.W.2d 913, 2016 Minn. App. LEXIS 65, 2016 WL 4420809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-krenik-minnctapp-2016.