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McCAUGHTRY v. CITY OF RED WING

No. A10-0332.

831 N.W.2d 518 (2013)

Robert McCAUGHTRY, et al., Appellants, v. CITY OF RED WING, Respondent.

Supreme Court of Minnesota.

May 31, 2013.

Attorney(s) appearing for the Case

Anthony B. Sanders , Lee U. McGrath , Institute for Justice Minnesota Chapter, Minneapolis, MN; and Dana Berliner , Institute for Justice, Arlington, VA, for appellants.

John M. Baker , Kathryn N. Hibbard , Katherine M. Swenson , Greene Espel PLLP, Minneapolis, MN, for respondent.

Teresa Nelson , American Civil Liberties Union of Minnesota, Saint Paul, MN, for amicus curiae American Civil Liberties Union of Minnesota.

Patrick J. Kelly , Patrick J. Kelly Attorney at Law, P.A., Saint Paul, MN; and Bennett Evan Cooper , Steptoe & Johnson LLP, Phoenix, AZ, for amici curiae Cato Institute, Reason Foundation, Minnesota Free Market Institute at the Center of the American Experiment, Electronic Frontier Foundation, and Libertarian Law Council.

Susan L. Naughton , League of Minnesota Cities, Saint Paul, MN, for amicus curiae League of Minnesota Cities.

Jarod M. Bona , Ann A. Parmley , DLA Piper LLP, Minneapolis, MN, for amicus curiae Saint Paul Association of Responsible Landlords.

Nicole L. Concordia , Concordia Law Group PLLC, Minnetonka, MN, for amicus curiae Wiebesick Rental.

OPINION

PAGE, Justice.

This case involves a facial challenge to the constitutionality of respondent City of Red Wing's rental property inspection ordinance. Appellants are nine landlords and two tenants who brought suit seeking a declaration that the City's ordinance violates Article I, Section 10, of the Minnesota Constitution. The district court granted summary judgment in favor of the City, concluding that...

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