CITY OF GOLDEN VALLEY v. WIEBESICK

No. A15-1795.

881 N.W.2d 143 (2016)

In re the Application for an Administrative Search Warrant, CITY OF GOLDEN VALLEY, petitioner, Appellant, v. Jason WIEBESICK, Respondent, Jacki Wiebesick, Respondent, Jessie Treseler, Respondent, Tiffani Simons, Respondent.

Court of Appeals of Minnesota.

June 13, 2016.


Attorney(s) appearing for the Case

Ashleigh M. Leitch , Allen D. Barnard , Thomas G. Garry , Best & Flanagan LLP, Minneapolis, MN, for appellant City of Golden Valley.

Anthony B. Sanders , Meagan A. Forbes , Lee U. McGrath , Institute for Justice, Minneapolis, MN, for respondents.

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

Bennett Evan Cooper , (pro hac vice), Steptoe & Johnson LLP, Phoenix, Arizona; and William K. Forbes , Trepanier MacGillis Battina P.A., Minneapolis, MN, for amicus curiae Center of the American Experiment.

Jessica Mikkelson , Minneapolis, MN, for amicus curiae HOME Line.

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

Considered and decided by HALBROOKS, PRESIDING Judge; HOOTEN, Judge; and JESSON, Judge.


OPINION

Appellant city challenges the district court's denial of its application for an administrative search warrant to conduct a rental-housing inspection, arguing that the district court erred in determining that individualized suspicion of a code violation is required. Because we are not left with a "clear and strong...

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