Court denies preliminary injunction in Rental Inspection Program lawsuit against city
Court denies preliminary injunction in Rental Inspection Lawsuit
OSHKOSH, Wis. February 13, 2017 – The United States District Court for the Eastern District of Wisconsin has issued an order denying the Plaintiff’s Motion for a Preliminary Injunction that sought to prevent the City of Oshkosh from moving forward with its Rental Inspection Program. The Court determined that the Plaintiffs failed to meet the requirements for issuance of an injunction because they were unlikely to succeed on their Fourth Amendment claim and had failed to make any showing of a likelihood of success on the merits as to their state law claims.
The City is pleased with the Court’s decision denying the plaintiff’s request for a preliminary injunction. The City believes that the ordinance is an important tool to protect the health, safety, and welfare of tenants and neighbors and one that was carefully crafted to meet the requirements of both state and federal law.
Although the Court concluded that the plaintiffs could not show that they were likely to succeed on the merits challenging the City’s ordinance as it is currently drafted, the City has proposed changes to the ordinance that the City believes will improve the clarity of the ordinance. The Court referenced these changes in its decision and the City still plans to move forward with those amendments at the Oshkosh Common Council meeting scheduled Tuesday, February 14th at 6 p.m.
For more information about the Rental Inspection Program, visit the city website, www.ci.oshkosh.wi.us, or call Communications Coordinator, Emily Springstroh at (920) 236‐5269.
OSHKOSH, Wis. February 13, 2017 – The United States District Court for the Eastern District of Wisconsin has issued an order denying the Plaintiff’s Motion for a Preliminary Injunction that sought to prevent the City of Oshkosh from moving forward with its Rental Inspection Program. The Court determined that the Plaintiffs failed to meet the requirements for issuance of an injunction because they were unlikely to succeed on their Fourth Amendment claim and had failed to make any showing of a likelihood of success on the merits as to their state law claims.
The City is pleased with the Court’s decision denying the plaintiff’s request for a preliminary injunction. The City believes that the ordinance is an important tool to protect the health, safety, and welfare of tenants and neighbors and one that was carefully crafted to meet the requirements of both state and federal law.
Although the Court concluded that the plaintiffs could not show that they were likely to succeed on the merits challenging the City’s ordinance as it is currently drafted, the City has proposed changes to the ordinance that the City believes will improve the clarity of the ordinance. The Court referenced these changes in its decision and the City still plans to move forward with those amendments at the Oshkosh Common Council meeting scheduled Tuesday, February 14th at 6 p.m.
For more information about the Rental Inspection Program, visit the city website, www.ci.oshkosh.wi.us, or call Communications Coordinator, Emily Springstroh at (920) 236‐5269.
posted by Cheryl Hentz at 10:48 PM
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