CITY OF MORRIS v. SAX INVESTMENTS, INC.

No. A06-1188.

749 N.W.2d 1 (2008)

CITY OF MORRIS, Respondent, v. SAX INVESTMENTS, INC., Appellant.

Supreme Court of Minnesota.

May 15, 2008.


Attorney(s) appearing for the Case

J. Richard Stermer, Montevideo, MN, for Appellant.

Charles C. Glasrud, Morris, MN, George C. Hoff, Hoff, Barry & Kuderer, PA, Eden Prairie, MN, for Respondent.

Susan Lynn Naughton, St. Paul, MN, for League of Minnesota Cities Amicus.

Terry Lee Adkins, Patricia Kay Alfredson, Rochester, MN, for City if Rochester Amicus.

Gerald T. Hendrickson, St. Paul, MN, for City of St. Paul Amicus.

Heard, considered, and decided by the court en banc.


OPINION

GILDEA, Justice.

In this case, we must determine whether the Minnesota State Building Code, Minn.Stat. §§ 16B.59-.75 (2006), permits the enforcement of four inspection standards contained in the Rental Licensing Ordinance of the City of Morris (Rental Licensing Ordinance), Morris, Minn., Rental Licensing Ordinance § 4.32 (2002). The district court concluded that the ordinance provisions regulate the business of rental housing, not...

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