804 N.W.2d 132
Minn. Ct. App.2011Background
- Khan owns about 40 Minneapolis rental properties; one at 3223 Bryant Ave N has a legally uninhabitable basement unit.
- March 12, 2009 inspector Asante found illegal occupancy of the basement and issued an order that could lead to license revocation; Khan did not appeal.
- April 27, 2009 inspection showed basement no longer occupied; a second set of tenants later reported issues leading to further inspections.
- May 25, 2010 inspector Rawski found second illegitimate occupancy; Atchison began license-revocation proceedings; Khan appealed and had a hearing before an administrative officer.
- The hearing officer recommended revocation; REEC supported; City Council revoked Khan’s license on October 22, 2010; Khan petitioned for certiorari to review the decision.
- The appellate court reviews for due process and substantial evidence, affirming the city’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due-process challenge to hearing-officer selection | Khan argues city hiring/compensation creates direct pecuniary interest. | Minneapolis contends three-year contracts and selection process prevent bias; no improper interest. | No direct, personal, substantial pecuniary interest shown; due-process not violated. |
| Sufficiency of evidence to revoke rental license | Khan claims evidence fails to prove illegal occupancy; cites MCO 244.400. | City shows two clear instances of illegal occupancy; eviction followed; evidence substantial. | Evidence supports revocation; substantial evidence in record. |
Key Cases Cited
- Tumey v. Ohio, 273 U.S. 510 (1937) (due process requires unbiased, non-temporizing decisionmakers)
- Buchwald v. Univ. of Minn., 573 N.W.2d 727 (Minn.App.1998) (presumption of administrative regularity; burden on challenger)
- City of Minneapolis v. Meldahl, 607 N.W.2d 168 (Minn.App.2000) (review of municipal quasi-judicial decisions on substantial evidence)
- Haas v. County of San Bernardino, 27 Cal.4th 1017 (Cal. 2002) (limits on temporary hearing officers; future work considerations)
- Turney v. Ohio, 273 U.S. 510 (1927) (as test for bias in adjudicatory officers)
- Montella v. City of Ottertail, 633 N.W.2d 86 (Minn.App.2001) (reasoned decisionmaking standard in certiorari review)