City of Fargo v. Rakowski

William Rakowski appealed after a district court granted summary judgment in favor of the City of Fargo. Rakowski owned rental houses in Fargo. In November 2011, Fargo inspected one of the houses and found the garage was deteriorating, the siding on the house was deteriorating, two egress window wells were collapsing and one window was broken. Fargo notified Rakowski of the need for repairs and re-inspection. The house was re-inspected a month later, and three once a month, three months after that. Fargo charged Rakowski a single $100 fee for a January 2012 re-inspection, which Rakowski did not pay. Fargo brought a small claims action to collect the fee, Rakowski removed the claim to district court and both parties moved for summary judgment. The district court granted summary judgment in favor of Fargo and Rakowski appeals. Rakowski argued the district court erred because Fargo did not have authority to assess a re-inspection fee, Fargo was required to have a search warrant before re-inspecting the house, the re-inspection fee constituted an illegal bill of attainder, Fargo's claim was barred by double jeopardy and res judicata and he was entitled to relief under 42 U.S.C. 1983. Finding no reversible error, the Supreme Court affirmed. View "City of Fargo v. Rakowski" on Justia Law