Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Legal Policy Inspections topic
No spam. Unsubscribe anytime.
Committee backs joining amicus brief in Ohio case over administrative inspection warrants
Summary
The Law and Ordinance Committee voted unanimously to forward to council a resolution authorizing the city to join an amicus brief filed by Columbus in North Canton v. CF Homes LLC, a case challenging standards for administrative search warrants in property-maintenance inspections; staff said there is no cost and asked for emergency legislation due
Chair Jeffrey Whitten introduced the committee’s second agenda item and said the committee was asked to consider authorizing the city to join an amicus brief in an Ohio Supreme Court matter.
Mr. Tetherington described the request: the Ohio Municipal Attorneys Association asked that the City of Columbus file an amicus brief in North Canton v. CF Homes LLC. "It's an amicus brief," he said, and described the case as a property-maintenance dispute in which a landlord is asking for a higher standard for administrative search warrants.
Tetherington summarized the legal question: "Currently, if you have a reasonable government interest justifying the intrusion of the property, you have to demonstrate that to the court and you can get an administrative search warrant." He said CF Homes is arguing that the Ohio Constitution requires a higher probable-cause standard—"that we need probable cause that criminal conduct is likely to be uncovered"—which would be a higher threshold than the administrative standard the city has followed.
Tetherington told the committee there would be no cost to the city to sign on and that the request arrived with a filing deadline. "We received notice and and the request last week and I believe the deadline is September 10 to let them know whether we would be signing on to it," he said.
Council members asked clarifying questions. One member noted the North Canton case arose from a landlord challenge tied to rental-residential inspection programs and asked whether the local facts differ; Tetherington said he did not know the exact property facts in North Canton but that the legal standard at issue could apply to rental inspection programs generally. Another council member asked why the item went to committee; Tetherington said Law Director Kerber asked the item be brought before committee for authorization to use the city’s name on the brief.
Members requested that Law Director Michael Kerber brief the council before the final vote; staff committed to asking him to provide a fuller brief next Monday. The committee voted unanimously to move the resolution forward with an emergency request for council consideration.
Next steps: staff will present a simple resolution to council next Monday authorizing the city to join the amicus brief; Law Director Kerber is expected to provide a fuller explanation to council before final action.
