John Kramer
The Institute for Justice
12/27/2010
Red Wing, Minn.—On Thursday, Dec. 23, 2010, the Minnesota Supreme Court agreed to hear an important property rights case examining when citizens may challenge rental inspection laws that cities are actively enforcing against them. The case, which arises out of Red Wing but which will have statewide implications, is expected to decide if tenants and landlords must wait until a government official is literally knocking at their door before they may challenge the constitutionality of inspection laws. The state Supreme Court is expected to hear the case this coming spring.
If the Minnesota Supreme Court rules in favor of the landlords and tenants, they will then be allowed to return to district court and there challenge the constitutionality of Red Wing’s law.
“It is incredibly unjust to require citizens to fight off a potentially endless series of attempts by the city to get into their homes and properties, without ever allowing them the opportunity to challenge the underlying inspection program, even if it is blatantly unconstitutional,” said Institute for Justice Senior Attorney Dana Berliner, which is defending the property owners and tenants in this case. “These tenants and landlords have already fought off three separate attempts by the city of Red Wing to get into their homes and properties. It’s time for the courts to allow them to prove the law is unconstitutional once and for all.”
This controversy between the city of Red Wing and the tenants and landlords has been raging since 2006…
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