State Supreme Court to review rental property inspection case

ST. PAUL -- The Minnesota Supreme Court announced Tuesday it will review a lawsuit against the city of Red Wing regarding its rental inspection code.

The Institute for Justice, a law firm representing nine landlords and two tenants challenging the city’s code, filed a petition for review in July after the state Court of Appeals ruled those challenging the ordinance had not proven it was unconstitutional, as they claimed.

Under the city’s code, rental housing inspectors can enter properties if landlords or tenants refuse initial inspections, provided inspectors get approval from a judge. The city has applied for administrative warrants for inspections in the past but has not been successful.

Those challenging the rental inspection code claim that provision violates their constitutional rights to “be secure in one’s home and to be free from unreasonable searches,” Institute for Justice Minnesota chapter attorney Anthony Sanders said.