While the August 11 Rushford Council agenda had no items of regular business, there was plenty to consider. During the appearance of interested persons, Attorney Mike Miller introduced himself and presented the city with a request and a petition from citizen clients regarding the former Rushford-Peterson School.
The 2-acre site was vacated by the district in 2017 after the district built a new facility. The property was sold to the Well House Ministry in 2019. After the ministry project was unable to secure development funding, the property was sold again in October 2024 to Bluff Country Christian Community Center. Although the property is registered to a P.O. Box in Houston, Minn., the owner utilizes a registered agent service to receive legal documents for the property. However, in his address to the council, Miller referenced the owner as Mitch Bublitz. The petition was signed by residents in the vicinity of the former school, which sits at 100 Mill Street. Miller noted he is a practicing attorney and was asked to represent some of the homeowners regarding the situation.
“They feel very strongly that the school, in the current condition and its expected future condition, does constitute both a public and a private nuisance as defined by Minnesota statutes,” began Miller.
Minnesota Statute 561.01 relating to a nuisance reads: “Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance. An action may be brought by any person whose property is injuriously affected or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.”
Minnesota Statute 609.74 regarding a public nuisance reads: “Whoever by an act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance, which is a misdemeanor: (1) maintains or permits a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public; or (2) interferes with, obstructs, or renders dangerous for passage, any public highway or right-of-way, or waters used by the public; or (3) is guilty of any other act or omission declared by law to be a public nuisance and for which no sentence is specifically provided.”
Miller noted this is not a city ordinance, but a state statute. When there is no ordinance listed in reference to a particular situation, it defaults to the state statute.
“This is really a matter of fact determination,” added Miller. “It’s basically what the members of the community see and feel about how it impacts the community and their property.”
Miller went on to describe how the building has sat vacant for eight years, deteriorating, with no utilities, and what he called “hazardous conditions.”
“There’s things falling off the building. There’s refuse on the back sidewalk that has not been moved in almost a year. It is things that have been torn out of the building. We’ve had reports of noxious odors coming out of the building. There is no sign of progress on any development for that building,” he continued. “It is a nuisance as it is defined in the statute to the neighbors, and quite frankly, I’ve talked to numerous people in the community and I think I could get a petition signed by 100 people.”
Further concerns for the property from community members include its current status as a non-profit, religious entity, despite a lack of staff or services there, according to Miller. With that status, property taxes are not being collected for the site.
Miller further indicated he’d spoken to Mayor Terri Benson about the concerns. He agreed to attempt to contact Bublitz to see if he’d be willing to either produce a redevelopment plan to remediate the situation or sell the site to a developer. He also contacted an individual who is interested in developing the site. According to Miller, the individual reached out to Bublitz with an offer to purchase the site for $125,000, which they believe is 20% more than was paid for it less than a year ago, but Bublitz responded to the offer with a counteroffer of $650,000.
“He’s obviously not serious and he’s not willing to cooperate. So, we’ve made an attempt,” added Miller. “It’s a nuisance in the eyes of the citizens of Rushford. We would like the city to help.”
While Miller says his clients can bring an action against Bublitz for private nuisance, it would result in monetary damages rather than forcing action by the individual. A public nuisance, however, is actionable.
“Our concern is, the more it deteriorates, the less capability anyone has to fix it up. Our hope is that this action can be taken by the city to give him notice. If he does not comply, does not come up with a plan to remedy the nuisance, then the city does have the ability to potentially condemn the property.”
If a condemnation plan can be put together, he hopes that after a reasonable evaluation of the property, a cooperative effort with the EDA (Economic Development Authority) can help secure the property. He noted that the willing developer and another group are interested in a plan to redevelop the property. Preliminary ideas include a potential option for long-term lease to R-P Schools for some of the property, city office space, and a teardown of the old elementary side of the site to build affordable housing there and on the playground side to the south.
“We ask your consideration in this. We certainly want to cooperate any way we can to get this situation resolved,” concluded Miller.
“At this point, you’re collecting information. We appreciate that. We’ll take this back to staff,” said Mayor Benson. “You’ve given us a lot to chew on for now.”