Marshall sues Broadmoor Valley owners
City alleges locked gate violated ordinances
MARSHALL — The city of Marshall has sued the owners of the Broadmoor Valley mobile home park over the installation of a locked gate at one of the park’s only two entrances, Lyon County court records said. A civil complaint alleged the gate was built in violation of Marshall city ordinances and the Minnesota Fire Code, and it created an obstacle for tenants and emergency responders.
Marshall city ordinances require mobile home parks to have at least two entrances onto the public right of way.
The lawsuit was filed against Broadmoor Valley owners Schierholz and Associates in Lyon County District Court on May 15. The civil complaint alleges that Schierholz and Associates violated Marshall ordinances by building a chained and padlocked gate at the park entrance near Minnesota Highway 23 around March 27.
Before March, Broadmoor Valley had two access points about a half-mile apart from each other, the complaint said. One entrance to the mobile home park connected to South Saratoga Street, while the other connected to Highway 23.
The gate at the Highway 23 entrance blocked vehicles and pedestrians from using it, the civil complaint alleged. Schierholz and Associates did not consult the city, or Marshall fire and police officials, before building the gate, the complaint alleged. Closing an access point without approval from the fire chief was a violation of the Minnesota Fire Code, the complaint alleged.
The complaint also alleged that when the city contacted Schierholz and Associates to ask that the gate be left open and unlocked, they responded that the property was not subject to city zoning ordinances.
The civil complaint made additional allegations that Schierholz and Associates were violating city ordinances. Based on a tenant list from Broadmoor Valley and utility consumption at the mobile home park, there were 11 occupied rental units that were unregistered with the city, the complaint alleged. The complaint also alleged that the private streets at Broadmoor Valley “have failing pavement, littered with potholes, difficult to traverse, and not in good condition.”
The civil complaint said the city is asking for a judge’s ruling that Marshall city ordinances do apply to Broadmoor Valley. The city is also seeking an order for municipal employees to be allowed into Broadmoor Valley to inspect for city code violations, and that the Highway 23 gate and the park roads are in violation of city ordinances.
An upcoming hearing in the lawsuit is scheduled for July 16.