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Minnesota Court of Appeals Declares Sprinkler Rule Invalid!

The Minnesota Court of Appeals issued its ruling on both the sprinkler mandate and energy code in the petition brought by the Builders Association of the Twin Cities and supported by amici Frak Kottschade, NAHB, Minnesota Realtors, and BAM.  In the simplest words, the Court announced "We declare the Energy Code valid and the Sprinkler Rule invalid.  The Court goes on to say that ...we hold that the Sprinkler Rule violates substantive due process because it is arbitrary and not the result of a reasoned determination."

Congratulations to everyone who ran this case - from its roots in the rule making process & repeated objections to the rule, to building the record through the Administrative Law Process, to forcing the issue before the Minnesota Court of Appeals.  
 
BAM will provide members with additional information as it develops. We are not sure whether the Department will try to reissue the rule, but we do know for now that the sprinkler mandate is invalid and not enforceable.
 
Read the opinion here.


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