http://www.mncourts.gov/opinions/sc/current/OPA061188-0515.pdf
Court of Appeals.
1. When the express language of a state statute defines the scope of permissible municipal regulations, we determine the validity of municipal regulations on the same subject by applying the plain language of the statute.
2. Under Minn. Stat. § 16B.62, subd. 1 (2006), a municipal rental licensing ordinance regulating components or systems of a residential structure covered by the State Building Code is invalid where the municipal ordinance imposes different requirements than the State Building Code.
3. Inspection standards in a municipal rental licensing ordinance regulating ground fault interrupter receptacles, bathroom ventilation, and egress window covers are invalid under Minn. Stat. § 16B.62, subd. 1, because the inspection standards are building code provisions regulating components or systems of a residential structure and are different from provisions in the State Building Code.
4. The authority of municipalities to enact and enforce habitability standards for rental housing is constrained by the prohibition on municipal regulation of building code provisions in Minn. Stat. § 16B.62, subd. 1.
5. We will not consider issues arising out of allegedly dangerous conditions in a residential structure that were not previously raised or were not previously charged.
Reversed and remanded. Justice Lorie S. Gildea.
Dissenting, Justice Paul H. Anderson.
Took no part, Justice Christopher J. Dietzen.
STATE OF MINNESOTA 1 of 25
IN SUPREME COURT
A06-1188
Court of Appeals Gildea, J.
Dissenting, Anderson, Paul H., J.
Took no part, Dietzen, J.
City of Morris,
Respondent,
vs. Filed: May 15, 2008
Office of Appellate Courts
Sax Investments, Inc.,
Appellant.
S Y L L A B U S
1. When the express language of a state statute defines the scope of permissible municipal regulations, we determine the validity of municipal regulations on the same subject by applying the plain language of the statute.
2. Under Minn. Stat. § 16B.62, subd. 1 (2006), a municipal rental licensing ordinance regulating components or systems of a residential structure covered by the State Building Code is invalid where the municipal ordinance imposes different requirements than the State Building Code.
3. Inspection standards in a municipal rental licensing ordinance regulating ground fault interrupter receptacles, bathroom ventilation, and egress window covers are invalid under Minn. Stat. § 16B.62, subd. 1, because the inspection standards are building
