The McIntoshes own a mobile home park in Madisonville, Kentucky. After a tenant complained, the city found mold and mildew in one of the homes, condemned it, and ordered it demolished. The McIntoshes challenged the city's action (albeit after the home was destroyed) on several legal grounds, but the trial court was unmoved. The U.S. Court of Appeals for the Sixth Circuit, however, found the trial court was too quick to dismiss the procedural due process claim.
Chief Judge Sutton summarized the case.
The City of Madisonville condemned one of several mobile homes that Michael and Rebecca McIntosh own in their Kentucky town. The City demolished the property a month later. The McIntoshes filed this § 1983 action in response, alleging that the City deprived them of their due process rights to notice and the opportunity to be heard before tearing down the mobile home, among other claims. The district court granted the City's motion for summary judgment. Because triable issues remain over whether the City provided the McIntoshes an adequate opportunity to be heard, we reverse its disposition of this claim and affirm its handling of the other claims.
