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DEAN v. CITY OF WINONA

No. A13-1028.

843 N.W.2d 249 (2014)

Ethan DEAN, et al., Appellants, v. CITY OF WINONA, Respondent.

Court of Appeals of Minnesota.

February 24, 2014.

Attorney(s) appearing for the Case

Lee U. McGrath, Anthony Sanders, Katelynn McBride, Institute for Justice, Minneapolis, MN, for appellants.

George C. Hoff, Shelley M. Ryan, Hoff, Barry & Kozar, P.A., Eden Prairie, MN, for respondent.

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

Erick G. Kaardal, Mohrman & Kaardal, P.A., Minneapolis, MN.

Daniel E. Frank, (pro hac vice), Sutherland Asbill & Brennan LLP, Washington, D.C., for amicus curiae The Minnesota Free Market Institute at Center of the American Experiment.

Jarod M. Bona, Ann A. Parmley, Alvin Johnson Jr., DLA Piper LLP, Minneapolis, MN, for amicus curiae Minnesota Vacation Rental Association.

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

Considered and decided by CONNOLLY, Presiding Judge; WORKE, Judge; and LARKIN, Judge.

OPINION

LARKIN, Judge.

Appellants, owners of residential properties in respondent municipality, challenge the summary judgment upholding respondent's ordinance that limits, to 30%, the number of lots on a block that are eligible to obtain certification as a rental property. Because respondent's adoption of the ordinance was an authorized exercise of its police power and because appellants have not met their burden to show that the ordinance is unconstitutional...

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