Rochester,MN (KROC AM News) - Some members of the Rochester City Council have been considering an ordinance that would restrict the number of rental properties in residential neighborhoods and have been waiting for a state Supreme Court ruling before making a decision.

The ruling came Wednesday - but it wasn’t what City Attorney Terry Adkins had been hoping for.

The ruling deals with a challenge to an ordinance in Winona referred to as the “30-percent rule.” It restricts the number of lots on a block in certain areas of Winona that qualify as rental properties. The ordinance was challenged as unconstitutional by some property owners. A judge ruled in favor of the city and the state Appeals Court upheld the decision. The Supreme Court then considered the case.

In Wednesday's announcement, the court said it did not consider the issues involved because the only property still affected by the ordinance was sold last year. City Attorney Adkins says the court essentially decided the case was not an urgent matter because there are no other challenges.

Adkins says Rochester and numerous other cities were hoping the constitutional issue would have been settled. Adkins says the lack of a decision means the cities run the risk of another legal challenge if they adopt the ordinance.

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