STATE OF MINNESOTA
IN COURT OF APPEALS
A23-0191
Fletcher Properties, Inc., et al., Appellants,
vs.
City of Minneapolis, Respondent,
Poverty & Race Research Action Council, et al., Respondents,
HOME Line, Respondent.
Filed January 16, 2024
Affirmed Frisch, Judge
Hennepin County District Court
File No. 27-CV-17-9410
Tamara O’Neill Moreland, Inga K. Kingland, Larkin Hoffman Daly & Lindgren Ltd., Minneapolis, Minnesota (for appellants)
Kristyn Anderson, Minneapolis City Attorney, Kristin R. Sarff, Tracey N. Fussy, Assistant City Attorney, Minneapolis, Minnesota (for respondent City of Minneapolis)
John D. Cann, Housing Justice Center, St. Paul, Minnesota (for respondents Poverty & Race Research Action Council and Housing Justice Center)
Lawrence McDonough, Samuel Spaid, Daniel P. Suitor, HOME Line, Bloomington, Minnesota (for respondent HOME Line)
Considered and decided by Johnson, Presiding Judge; Frisch, Judge; and Kirk, Judge.
SYLLABUS
1. On its face, the Minneapolis city ordinance addressing housing discrimination based on public assistance does not appropriate private property or a landlord’s right to exclude others from private property, and therefore does not constitute a per se physical taking in all applications.
2. The Minneapolis city ordinance addressing housing discrimination based on public assistance is not preempted by the state’s anti-discrimination statute because the ordinance does not conflict with the statute, and the statute does not occupy the field of housing discrimination based on public assistance.
