Litigation

Cities Can Raze Private Homes if They are Detrimental to Public Welfare

By H. William Allen et al.

A case that has been in litigation since 1996 has finally come to an end. Kearney v. City of Little Rock, No. 07-1317 (Ark.App. 2/25/09).

The city determined that Kearney's house was unfit for human habitation. The home was in such disarray and had so many code violations that it posed an immediate fire hazard. Kearney never made the appropriate repairs. Before the house could be razed, Kearney filed this lawsuit. The trial court granted summary judgment to the city, and the court of appeals affirmed. Under their police power, cities have the right to raze structures that have become detrimental to public welfare.

Full post as published by Arkansas Business Litigation Blog on February 28, 2009 (boomark / email).