Estate of Fluegge et. al. v. City of Wayne, 442 F.Supp.3d 987 (E.D. Mich. 2020)

Plaintiffs filed a putative class action alleging that the City’s rental property inspection and pre-sale inspection ordinances authorized warrantless inspections in violation of the 4th amendment, and that fees collected under the inspection program constituted an unconstitutional condition for obtaining a rental certificate of occupancy. In a published opinion, the Court granted the City’s motion to dismiss, finding that plaintiffs lacked standing because plaintiffs had not suffered any injury, as they validly consented to inspections, the ordinances provided opportunities for pre-compliance review and for appeals, and the ordinance’s requirement of an inspection and payment of a fee as a condition of obtaining a certificate of occupancy was a “run-of-the-mine exercise of the city’s police power.”