Last Place on Earth loses 2 appeals in state courtThe Minnesota Court of Appeals sided with the city of Duluth in two Last Place on Earth claims in decisions filed Monday.
By: News Tribune staff, Duluth News Tribune
The Minnesota Court of Appeals sided with the city of Duluth in two Last Place on Earth claims in decisions filed Monday.
Jim Carlson and his attorney, Randall Tigue, lost an appeal to a district court ruling that allowed the city to call the shop that sells synthetic drugs a public nuisance, paving the way for a shutdown of the store. The court said there was “ample evidence” to the nuisance measure and affirmed the district court ruling.
Carlson also lost an appeal to get back property seized from him, namely a cache of firearms and $83,150 taken after a raid in the fall of 2011. The city argued that only a federal court could rule in the case, because Carlson faces a federal indictment. The court denied the appeal considering charges pending against Carlson and agreed with the city concerning court jurisdiction.
On Jan. 2, 6th Judicial District Judge Shaun Floerke granted a city motion for a temporary injunction against Last Place. Floerke wrote: “It is clear that LPOE is creating a public nuisance which needs to be abated.”
The judge at that time called irrelevant Carlson’s argument that the government had no proof that his business has sold synthetic cannabinoids in the past year, and he cited an 81 percent increase in annual police calls to the area around the store from September 2011 to August 2012. Duluth police responded to 2,843 calls for service there, an average of 237 calls a month.
Carlson was ordered to hire two police officers to be present at the business from one hour before it opens until closing time every day the business was in operation. The business has been closed since mid-July.