Attorney John R. Shoemaker's Legal Cases

Gun Law

Zurn v. Luke W. Hennen, Scott County Sheriff, State of Minnesota

May 04, 2018

OUTCOME: Matter settled prior to hearing; denial of permit to carry rescinded per stipulation and order signed by district court.

Sheriff attempted by way of letter to pistol carry permit holder, to revoke the permit without complying strictly with the requirements of Minnesota Statute, Section 624.714 that required court action. ... The sheriff's letter in effect acted as a cloud on the validity of the citizen's permit and constituted an unlawful attempt by the sheriff to “change, modify, or supplement” the “criteria or procedures," and "limit the exercise of a permit to carry” in violation to the express provisions of Minnesota Statutes. Sheriff was required to seek court approval of revocation; permit holder was forced to file a court petition to stop the unlawful action.

Administrative law

State of Minnesota v. Snelling Co.

Mar 23, 2018

OUTCOME: Successfully resolved through entry of administrative order

State of Minnesota sought administrative action against client business. I represented appellant company to successful resolution of dispute.

Civil rights

McRath v. City of Saint Paul

Mar 15, 2017

OUTCOME: Following Supreme Court's decision in Texas Dept. of Housing v. Inclusive Communities, 6/15, and elevation of standard of proof for housing providers claiming government policies were violating civil rights laws, complaint was voluntarily dismissed.

Family-owned rental housing providers in Saint Paul were selectively targeted with city's "Code to the Max" enforcement operations resulting in massively increased operating costs and shutdown of multi ... ple dwellings providing safe, decent and sanitary rental housing to low-income, mostly minority tenant families.

Federal regulation

Raven Financial, LLC v. Governor Mark Dayton, Metropolitan Council, Minnesota Housing Finance Agency and the State of Minnesota

Aug 15, 2016

OUTCOME: HUD delayed the processing of the Complaint, and took no action to address the systemic and long-continuing regulatory abuses impacting affordable rental housing providers and their tenants.

Affordable rental housing provider filed a Complaint with the Chicago office of the U.S. Dept. of Housing & Urban Development challenging failure of State of Minnesota, its agencies and the Met Council ... to comply with their federal funding obligations, with the adverse result of impacting available and affordable rental housing for inner-city residents, the vast majority of whom were persons and families of color.

Civil rights

Raven Financial v. City of Saint Paul

Jun 17, 2016

OUTCOME: HUD complaint filed in Chicago, with massive delay by federal officials, and refusal to truly investigate the claims that City code enforcement action was disparately impacting people of color.

Represented middle class family with nine low-income rental properties in City of Saint Paul, almost all tenant occupants were members of the Black community. City in violation of State Building Code, ... unlawfully required existing, older rental homes to be renovated to current codes or vacated, with tenants left homeless. The average cost of meeting the city's requirements was admittedly $30,000, despite a small fraction of that cost actually necessary to meet applicable state code. The city used federal grants to fund its war against the poor, inner-city Black housing, arguably reducing Black political power in inner-city politics.

Insurance

Brown v. Auto-Owners Insurance Company

Nov 03, 2015

OUTCOME: Dispute successfully resolved through arbitration.

Clients suffered extensive damages to their home as a result of a fire and submitted a claim for reimbursement for necessary repair of their home under their insurance policy. The insurance company re ... fused to pay the reasonable and necessary amount for repair. As counsel for homeowners, I filed and pursued a civil court action. The court referred the dispute to arbitration. Throughout the fire claim process, Richard Spreeman, a Public Insurance Adjuster, assisted in documenting and presenting an expert loss analysis for claim purposes.

Civil rights

Bue Vue vs City of Saint Paul

Sep 08, 2014

OUTCOME: Following a weekend filing of a complaint to the Chicago office of HUD, and local press coverage, landlord client was able to work with veteran code officials to keep family in home and finish the minimal code repairs necessary.

Minority owner of 150 low-income rental housing dwellings, brought disparate impact housing complaint against City of Saint Paul challenging city's code enforcement abusive tactics threatening to conde ... mn and vacate a 7 bedroom rental home occupied by new immigrants. Home met state code standards. Pioneer Press, "St. Paul landlord filed HUD complaint over city’s inspections". https://www.twincities.com/2014/09/09/st-paul-landlord-filed-hud-complaint-over-citys-inspections/

Civil rights

Rock of Ages Missionary Baptist Church, et al. v. City of Saint Paul

Jun 02, 2014

OUTCOME: Prepared disparate impact, fair housing complaint with HUD. Pursued HUD over extended period urging it to take enforcement action on complaint of municipal regulatory abuse. HUD effectively buried the complaint without honest investigation.

Historic inner-city Rock of Ages church serving the Black community, its leader Pastor Sylvestor Davis, Saint Paul community activist Johnny Howard, and twelve Saint Paul and Minneapolis low-income ren ... tal housing providers, challenged oppressive code enforcement by Saint Paul and Minneapolis targeting rental properties in inner city areas, as code administrative actions were unnecessarily condemning and vacating dwellings occupied by members of the minority communities, reducing available and affordable rental housing.

Civil rights

Folger, et al. v. City of Minneapolis, U.S. Federal District Court

Jan 01, 2014

OUTCOME: Defeated City motion to dismiss action and case was settled.

City licensed rental housing provider sued Minneapolis in federal district court under the Fair Housing Act after city revoked two rental licenses for minor code deficiencies and City administratively ... revoked the landlord's remaining17 licenses. Seventeen poor, mostly minority families were subject to eviction despite no city investigation, inspection or determination that any of those homes were other than habitable. Federal lawsuit pursued disparate impact legal theory on behalf of "protected class" tenants.

Bankruptcy and debt

In re: Quick Eagle Transport, Inc.

Jul 19, 2013

OUTCOME: The Bankruptcy Court dismissed the bankruptcy petition and prohibited the debor from further filings for 180 days.

I represented a California lender in United States Bankruptcy Court, District of Minnesota seeking dismissal of a bankruptcy filing in order to proceed with a sheriff's sale after a judgment had been e ... ntered in State court against the debtor.

John R. Shoemaker's Legal Cases (23)

Zurn v. Luke W. Hennen, Scott County Sheriff, State of Minnesota

State of Minnesota v. Snelling Co.

McRath v. City of Saint Paul

Raven Financial, LLC v. Governor Mark Dayton, Metropolitan Council, Minnesota Housing Finance Agency and the State of Minnesota

Raven Financial v. City of Saint Paul

Brown v. Auto-Owners Insurance Company

Bue Vue vs City of Saint Paul

Rock of Ages Missionary Baptist Church, et al. v. City of Saint Paul

Folger, et al. v. City of Minneapolis, U.S. Federal District Court

In re: Quick Eagle Transport, Inc.