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Mann v. Calumet City

United States Court of Appeals for the Seventh Circuit
588 F.3d 949 (2009)


Facts

Hussein Mann and Debra Houston-Mann (plaintiffs) challenged an ordinance of the City of Calumet (Calumet City) (defendant) that forbade the sale of a house without an inspection to determine whether the house was in compliance with Calumet City’s building code. Calumet City’s ordinance required city inspectors to (1) obtain a warrant before inspecting a house over the owner’s objection, (2) conduct the inspection within 28 days of receiving a notice of the proposed sale, (3) seek a warrant within 10 days if the owner did not consent to the inspection, and (4) notify the owner within three days of the inspection as to whether the house was in compliance. An owner had the right to appeal from any order to repair a building. The plaintiffs sought injunctive relief and argued that the ordinance was facially unconstitutional, because the ordinance violated the plaintiffs’ due-process rights under the Fourteenth Amendment by providing insufficient procedural protections for a homeowner’s right to sell his or her property.

Rule of Law

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Issue

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Holding and Reasoning (Posner, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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