Iowa Supreme Court · No. 23-1600
Bryan C. Singer, Erika L. Nordyke, Beverly A. Van Dam, Joshua L. Dykstra, 3D Rentals, LLC, And DP Homes, LLC v. City of Orange City and Kurt Frederes
Decided December 20, 2024 · appeal from Sioux County · Government
What the court decided
AI summary The owners and renters of rental units sued a city to challenge an ordinance that allowed building inspectors to perform mandatory inspections without individual probable cause. A lower court ruled the ordinance unconstitutional and stopped the city from using it to seek inspection warrants. The Iowa Supreme Court reversed that decision and sent the case back to the lower court for further review.1
Result: Reversed and Remanded
The court’s own summary
Owners and renters of rental units brought an action for declaratory and injunctive relief against a city and its building inspector. They challenged the constitutionality of a city ordinance permitting mandatory, nonconsensual rental home inspections without individualized probable cause. On cross-motions for summary judgment, the district court declared the ordinance unconstitutional under article I, section 8 of the Iowa Constitution and permanently enjoined the city from seeking an administrative warrant to conduct inspections under the current language of the ordinance. The city and building inspector appeal.
Holding: A city appeals from an order declaring an ordinance unconstitutional. Reversed and Remanded.
Judges
- Written by Justice David May
- Trial judge: Jeffrey A. Neary, Sioux County
Iowa Code it cites
Each links to the bills that change that chapter. Read chapter 364