River Bend, Residents Sue Landlord
On May 4, 2006, a lawsuit was filed in Polk County District Court, by the River Bend Association, Just Right Homes, Inc., and Katherine Spencer against Gary and Suzanne Oeth, concerning a rental property owned by the Oeths at 319 Franklin Avenue. The lawsuit asked for injunctive relief and damages on the grounds that criminal and other activities by the tenants of 319 Franklin have created and constitute an ongoing nuisance. Attached to the petition was a list of “trip calls” by the Des Moines Police Department to 319 Franklin since December of 2003 to the present. The more than 200 calls resulted from complaints ranging from barking dogs and domestic disputes to fights, narcotics, robberies, prostitution and at least one shooting on the premises.
Also attached to the petition were copies of the Specified Crime Property letters sent to Gary Oeth from the Des Moines Police Department concerning criminal activity at 319 Franklin Avenue, and complaint letters sent to Mr. Oeth from River Bend. Earlier this year, River Bend attempted to resolve this situation through the use of Neighborhood Mediation Services. Mr. Oeth was contacted but did not respond.
River Bend decided to take the extraordinary action of a lawsuit because, despite the best efforts of the police department, including River Bend’s NBSD officer, Sgt. Jeff Edwards, the owners of 319 Franklin continued to operate this rental property in a manner which has allowed it to become a crime magnet and a major nuisance. Polk County Assessor records showed that the Oeths own well over 100 rental properties in Des Moines. They have improperly managed 319 Franklin to the detriment of the River Bend neighborhood. The goal of the lawsuit was to compel the Oeths to operate this property in the manner they would expect from their own neighbors. If that cannot be accomplished, this suit will pursue more aggressively the options of permanently enjoining them from operating the property as a rental unit, and/or monetary damages.
The Des Moines Register published a story about the lawsuit in May. The Association has since been contacted by other neighborhood associations who expressed interest in using the same legal action against some of their problem property owners. River Bend intends in the future to pursue this type of legal action against other problem property owners in our neighborhood.
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