The Minnesota Supreme Court will review a case involving a dispute over a rental housing inspection ordinance in Red Wing.
On Monday, the court granted a petition for further review that was filed by Robert McCaughtry, a plaintiff in the case. The court also granted requests from the St. Paul Association of Responsible Landlords and the American Civil Liberties Union of Minnesota to file briefs in the case.
In June, the Minnesota Court of Appeals ruled in favor of the city of Red Wing in a dispute over the ordinance, which has been contested in court since it was adopted in 2005.
The plaintiffs allege that the city has an unreasonable expectation to conduct housing inspections without tenant and landlord consent, even when probable cause is not apparent.
The Institute for Justice has framed the matter as a precedent-setting case that could affect similar ordinances throughout the country. Minnesota cities such as Rochester, Minneapolis, St. Paul and Duluth have rental inspection ordinances that use language similar to Red Wing's.
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