28/ “YOU HAVE A RIGHT TO BE HEARD ON YOUR CONSTITUTIONAL PROPERTY CLAIMS”: Nine landlords and many tenants in Red Wing were furious with the City’s sweeping ordinance allowing searches of their properties for potential health and safety violations without probable cause. Three times in four years, they had persuaded the district court to deny administrative warrants for such searches as unjustified “fishing expeditions.” Faced with a fourth request for warrants in five years, they sued again.
The district court dismissed their constitutional challenges, finding that they lacked standing to assert their claims. The Court of Appeals also agreed with the City that the landlords and tenants lacked standing to challenge the constitutionality of the local ordinance.
Chief Justice Gildea joined the unanimous Supreme Court in ordering the district court to conduct a hearing on whether the plaintiffs could require the City to obtain an administrative search warrant supported by individualized probable cause before conducting an inspection under the ordinance.
READ THE FULL CASE DECISION:
Robert McCaughtry, et al., Appellants, vs. City of Red Wing, Respondent.
December 28, 2011 2011-145
READ THE FULL CASE DECISION:
Robert McCaughtry, et al., Appellants, vs. City of Red Wing, Respondent.
December 28, 2011 2011-145
https://mn.gov/law-library-stat/archive/supct/1112/OPA100332-1228.pdf
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