City of Overland Park v. Niewald

Rulon, J.:

Bryan Niewald and Todd Jung, defendants, challenge the district court’s jurisdiction over, and the constitutionality of, the issuance of an administrative search warrant allowing the City of Overland Park, plaintiff, to inspect defendants’ business for compliance with municipal fire codes. We affirm.

The facts in this case are not in dispute.

Defendants own Central Video Services in Overland Park and refused to allow plaintiff’s fire department into their building to inspect for compliance with city fire codes. Upon defendants’ refusal to submit to a fire inspection, plaintiff filed a…