Mann v. Calumet City
United States Court of Appeals for the Seventh Circuit
588 F.3d 949 (2009)
Calumet City's (defendant) ordinance barred selling a home without a code-compliance inspection, requiring the city to obtain a warrant before inspecting over an owner's objection, complete inspections within 28 days of a sale notice, seek a warrant within 10 days of a refused consent, notify owners of compliance results within three days, and allow owners to appeal repair orders. Mann and Houston-Mann (plaintiffs) challenged the ordinance as facially unconstitutional, arguing it provided insufficient procedural protection for homeowners' right to sell their property.
Whether a municipal ordinance requiring that a house be inspected before sale violates due process under the Fourteenth Amendment.