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CITY OF VINCENNES v. EMMONS

No. 42S02-0504-CV-131.

841 N.E.2d 155 (2006)

CITY OF VINCENNES, Appellant (Plaintiff below), v. Kevin EMMONS, d/b/a Cherokee Rentals, Jeffrey Hendrixson and Eric Klein, Appellees (Defendants below).

Supreme Court of Indiana.

Rehearing Denied May 11, 2006.

Attorney(s) appearing for the Case

J. David Roellgen, Vincennes, for Appellant.

Michael J. Lewinski, Hilary G. Buttrick, Indianapolis, for Amicus Curiae the Indiana Association of Cities & Towns.

Paul B. Ledford, Vincennes, for Appellees.

Andrew C. Charnstrom, Maureen E. Ward, Indianapolis, for Amicus Curiae the Apartment Association of Indiana.

BOEHM, Justice.

We hold that a city's housing code is not unenforceable for failure to include an express warrant procedure in the event a landlord objects to an inspection.

Facts and Procedural History

The City of Vincennes Rental Housing Code ("Code") sets standards for residential rental units and provides for regulation and inspection of units.1 Kevin Emmons, Jeffery Hendrixson...

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