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ATTORNEY FOR APPELLANT J. David Roellgen Vincennes, Indiana AMICUS CURIAE THE INDIANA ASSOCIATION OF CITIES & TOWNS Michael J. Lewinski Hilary G. Buttrick Indianapolis, Indiana

ATTORNEY FOR APPELLEES Paul B. Ledford Vincennes, Indiana AMICUS CURIAE THE APARTMENT ASSOCIATION OF INDIANA Andrew C. Charnstrom Maureen E. Ward Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 42S02-0504-CV-131 CITY OF VINCENNES, Appellant (Plaintiff below), v. KEVIN EMMONS, D/B/A CHEROKEE RENTALS, JEFFREY HENDRIXSON AND ERIC KLEIN, Appellees (Defendants below). _________________________________ Appeal from the Knox Superior Court, Nos. 42D02-0006-OV-130; 42D02-0006-OV-135; and 42D02-0006-OV-132 The Honorable Robert L. Arthur, Special Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 42A02-0402-CV-193 _________________________________ January 25, 2006 Boehm, Justice. We hold that a city's housing code is not unenforceable for failure to include an express warrant procedure in the event a landlord objects to an inspection.

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Facts and Procedural History The City of Vincennes Rental Housing Code ("Code") sets standards for residential rental units and provides for regulation and inspection of units. 1 Kevin Emmons, Jeffery Hendrixson, and Eric Klein each own one or more residential rental properties in Vincennes and failed to pay the required annual registration fee of $18 per unit. The City brought civil actions against each of the landlords to collect unpaid registration fees. 2 The cases were consolidated, and the consolidated case was submitted to the court on stipulated facts. The landlords admitted that the Code called for payment of registration fees but contended that the entire Code was unconstitutional because its provision for inspection of rental units violated the Fourth Amendment to the United States Constitution as authorizing or requiring unreasonable searches. 3 The trial court agreed and dismissed the City's complaint. The Court of Appeals affirmed, holding (1) the landlords had standing to raise the constitutionality of the inspection provision of the Code; (2) the inspection provision of the Code violated the Fourth Amendment prohibition against unreasonable searches and seizures; and (3) the inspection provision was not severable, so the Code as a whole was unconstitutional. City of Vincennes v. Emmons, 817 N.E.2d 291, 298 (Ind. Ct. App. 2004). We granted transfer. 831 N.E.2d 742 (Ind. 2005).

Section 156.04(A) of the Housing Code provides "No owner of real estate within the city shall use real estate for the purpose of erecting or maintaining a rental unit thereon without annually registering the property with the Rental Housing Officer." 15 Vincennes, Ind. Code of Ordinances

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Indiana Law