Bryan C. Singer, Erika L. Nordyke, Beverly A. Van Dam, Joshua L. Dykstra, 3D Rentals, LLC, and DP Homes, LLC v. City…

Summary

The court reversed the district court's declaration that Orange City's rental-inspection ordinance was unconstitutional and remanded for further proceedings. The court held that the facial challenge failed because the ordinance could operate constitutionally in circumstances involving traditional probable cause, nonwarrant procedures, or inspections by private third parties. The court did not reach an as-applied challenge because the pleadings did not present one and, in any event, no inspection or warrant had occurred. No separate opinions were filed.