Kimberly Lowry and Jeanne Harris v City of Minneapolis and Minneapolis Public Housing Authority, et al.
Aug 18, 2025
OUTCOME: The Court of Appeals ruled in favor of the tenants. The case will now proceed toward class certification and trial.
Two public housing tenants living in substandard rental dwellings in the City of Minneapolis, brought suit in state court against the City of Minneapolis and the Minneapolis Public Housing Authority in... September 2021. The plaintiff-tenants seek to require the City to provide 10,500 public housing tenants in 6,000 rental units with the same public services the City provides to all tenants in privately owned rental dwellings. The public services at issue consist of City housing code inspections and enforcement of City codes at public housing dwellings, with mandatory rental licensing of the Public Housing properties and systematic code inspections to ensure the public housing is complaint with all housing, fire, safety and health laws.
Civil rights
Stacey Marable, et al. v. City of Minneapolis, Minneapolis Public Housing Authority, et al.
Jul 27, 2022
OUTCOME: Obtained Court of Appeals' decision that for first time provides public housing tenants with same city services as private tenants have enjoyed for decades. City and Public Housing settled with Marable family which was approved by the court.
Through representation by Shoemaker & Shoemaker, PLLC, Ms. Marable and her family as tenants in city public housing, brought civil rights claims against the City of Minneapolis for wrongful denial of p...ublic services based on her public assistance status. Ms. Marable also brought tenant claims against her public housing landlord for failure to repair and failure to provide rental housing compliant with the City Housing Maintenance Code. As a direct result of Marable's civil rights lawsuit, the Minnesota Court of Appeals issued a 39-page written opinion on May 11, 2020, holding that the Minneapolis Public Housing Authority (MPHA) was subject to the Minneapolis Housing Maintenance Code and the City of Minneapolis was the "local authority" responsible for enforcement of the housing code against the MPHA. The City was thus responsible for providing public services to public housing tenants by way of city housing inspectors when public housing tenants voiced complaints to the city about their public landlord.
Minnesota Court of Appeals' Opinion: https://mn.gov/law-library-stat/archive/ctapun/2020/OPa191558-051120.pdf.
Minneapolis Star Tribune: https://www.startribune.com/appeals-court-city-inspectors-must-enforce-code-violations-in-minneapolis-public-housing/570490412/
Civil rights
Lowry et al. v. City of Minneapolis and Minneapolis Public Housing Authority
Sep 03, 2021
OUTCOME: The case is on appeal before the Minnesota Court of Appeals.
Putative Class Action on behalf of over 12,000 tenant families. John R. Shoemaker and Paul F. Shoemaker of Shoemaker & Shoemaker, PLLC, jointly represent public housing tenant families with the Minneap...olis law firm of Nichols Kaster and attorney and law professor Lawrence R. McDonough, in a putative class action lawsuit against the City of Minneapolis and Minneapolis Public Housing Authority (MPHA). The case presents egregious discriminatory practices that have forced public housing tenants in Minneapolis to endure hazardous and appalling housing conditions.
After filing the civil rights lawsuit September 7, 2021, we successfully obtained remand of the state court action from United States Federal Court on July 15, 2022, and an order denying a motion to dismiss the claims filed by MPHA on January 3, 2023. Following the first phase of discovery, MPHA and subsequently the City, each sought dismissal of the Plaintiffs' claims. Judge Patrick Robben initially assigned to the case, issued an order October 3, 2023, dismissing a portion of Plaintiffs’ claims against MPHA - those claims related to City licensing and licensing inspections. The case was thereafter reassigned to Judge Rachna Sullivan. November 30, 2023, the City moved for summary judgment claiming governmental immunity, and on May 10, 2024, Judge Sullivan held that the City is not immune from suit for its failure to conduct routine City housing code inspections of MPHA rental properties. The City filed its appeal with the Minnesota Court of Appeals on May 24, 2024. On Plaintiffs' motion, Judge Sullivan certified the October 2023 Order so Plaintiffs could also appeal, with Plaintiffs' appeal filed on December 5, 2024. The appeals were then consolidated and have been fully briefed with an oral argument scheduled for June 18, 2025.
https://www.nka.com/news-articles/2023/january/plaintiffs-public-housing-claims-move-forward-in/
https://www.nka.com/news-articles/2021/september/public-housing-civil-rights-class-action-filed-o/
Appeals
Ellis v. City of Minneapolis
Feb 02, 2021
OUTCOME: Successfully opposed City's motion for judgment. On City's appeal, successfully argued before the Minnesota Court of Appeals resulting in a decision affirming the denial of judgment for the City.
Residential landlord brought suit against the City of Minneapolis claiming city fire inspector had issued orders without complying with the Minneapolis Code of Ordinance requirements for proper notice ...to a property owner. The City of Minneapolis sought summary judgment before trial, the landlord opposed the motion, and the district court ruled in landlord's favor. The City of Minneapolis then challenged the denial of its summary-judgment motion on the ground of official immunity against the landlords' claims arising out of unlawful orders of claimed fire-code violations. The Court of Appeals agreed the inspector's conduct was ministerial in nature and that the City was not immune from suit and remanded the case to the trial court. The case was subsequently resolved.
Arbitration
River Services, Inc. v. Therma Spray, Inc.
Dec 21, 2020
OUTCOME: The parties participated in arbitration of their claims before the American Arbitration Association.
Landlord management company sued to force immediate removal of commercial tenant occupying City terminal warehouse. Represented Therma Spray, Inc. and forced compliance with an arbitration clause with...in the parties' written agreement. The court ordered a stay of the removal action and ordered the parties to arbitration.
Real estate
Danielle Platteter v. Sean Keogan and Wells Fargo Bank
Oct 14, 2019
OUTCOME: Claims and defenses were settled prior to trial.
A civil action was brought in state district court to force a sale of a home co-owned by the parties.
Litigation
Frank Zaragoza v. Claudia Zaragoza
Aug 30, 2019
OUTCOME: Matter was settled prior to trial with the assistance of The Honorable Michael K. Browne, Judge of Hennepin County District Court
Family real estate dispute concerning title to land located in the heart of the University of Minnesota.
Landlord or tenant
Andrew Ellis v. Doe
Mar 06, 2019
OUTCOME: The Minnesota Supreme Court held for tenant. I co-counseled this case with Attorney Joel Van Nurden.
Tenant raised statutory habitability defense to landlord's action to evict tenant and claimed no written notice of repair deficiencies in rental unit was required to be provided to landlord.
Discrimination
Michael Marchand v. Magnolias Restaurant Incorporated, et el.
Sep 12, 2018
OUTCOME: Matter was settled prior to trial.
Defended St. Paul, Mn restaurant against claims that the owners made renovations that did not comply with the requirements of the Americans with Disabilities Act of 1990. Restaurant asserted that (a) ...The renovations did not constitute alterations; (b) restaurant satisfied the maximum extent feasible standard; (c) Plaintiff’s claim was barred by the statute of limitations; (d) In the case of a path of travel, the alterations sought would be disproportionate to the cost of the overall alteration where the cost exceeds 20% of the cost of the overall alteration; (e) the alteration sought was technically infeasible.
Personal injury
Pena v. Frontier Airlines
Aug 01, 2018
OUTCOME: Settled through mediation before trial
Client sustained bodily injuries on an International Flight and brought personal injury claims
