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Yale Park landlord asks for case to be thrown out

Posted at 6:22 PM, Nov 01, 2019
and last updated 2019-11-01 19:22:04-04

OMAHA, Neb. (KMTV) — It's been 14 months since the Yale Park Apartments were condemned, forcing 500 people out of their homes because of unsafe living conditions. Now, the city's case against the landlord may be in jeopardy.

Mold, roaches and mice all over...electrical and gas problems that could've killed tenants...that's what city inspectors found when they served an inspection warrant at the Yale Park Apartments in September 2018.

Friday in Douglas County Court, prosecutors ask to drop four of the 99 counts of property maintenance violations against landlord Kay Anderson and the judge grants it.

The bigger dilemma is the inspection warrant. Judge Grant Forsberg questioned why the warrant said Anderson didn't give the city consent to enter the apartments...when Inspector Scott Lane testified, he never asked the landlord for permission.

The law says in order to get a warrant, they have to be denied consent for an inspection.

Anderson says if city inspectors went through the right process instead of jumping the gun, they wouldn't have cost taxpayers so much money taking him to court.

Both sides will make written briefs by November 8. the judge has taken it under advisement and will make a decision after that.