BILLINGS - The future of the crime-ridden and perhaps gang-friendly Colonial Apartments is now in the hands of a judge.
The city is pursuing a preliminary injunction to close the building and begin evictions.
Watch Colonial Apartments story here:
This latest twist comes after the death of John Skauge, whose property is now in a trust.
“Over the last several months, my units have become familiar with the 300 Block Trip gang here in Billings,” said Billings police Detective Sgt. Benjamin Beck. “That is taken up, for all intents and purposes, stronghold at the Colonial. It's just known that there is a lot of gang members, both validated and what we would call 'hang arounds', and people that aren't necessarily validated gang members but are closely associated with the gang.”
Beck testified about pictures taken on the inside of the Colonial.
“Three point crown,” Beck said about a picture of a wall in a room. “That is going to be a calling card of 300 Block.”
The city and the trustees of John Skauge’s trust all want to see the tenants evicted and the building condemned.
The trustees want to make sure it's all done properly.
“We agree with the city that it's not a safe place,” said Michell Ostrye, attorney for co-trustee Marty Livingston, daughter of the late John Skauge. “Our only concern is, who needs to act on behalf of the trust and how can we protect the tenants' due process rights? And I think those are things that we can work through.”
Livingston, who's a co-trustee, testified by video.
Chelsea Kemp has power of attorney for her mother, who is also a co-trustee but was injured by Skauge.
Kemp says her mother also wants to clear the Colonial.
“One hundred percent, yeah,” said Kemp. "She's always been very involved in the community. Many people know and love her, and she would want what's best, what's safest.”
The city's code enforcement attempted to make the property safer.
“The foundation issues on the southeast corner,” said Officer Tina Hoger, code enforcement division manager. “We had peeling paint. On the north side of the building, there's an exposed electrical box on the outside."
The attorney for the city declined an interview but during her closing did point to co-trustee Livingston agreeing with the city.
“Miss Livingston, who stands in the shoes of her father's estate and trust, she wants everyone out of the building,” said Daniela Pavuk, Livingston’s attorney.
“We need to act quickly in order to ensure the safety of our community,” said Kemp. “So I really pray that that's the truth.”
“I will have you a decision well in advance to let you know what will occur on that 30-day mark,” said Yellowstone County District Court Judge Mary Jane Knisely, who is presiding over the case.
