BY THE OBSERVER STAFF
OPELIKA –
The Observer has reached out to Opelika city officials following reports that the city has suspended its rental inspections and registrations. The reports come following last week’s Alabama State Supreme Court case between the city of Center Point and Atlas Rental Property, LLC, and Spartan Invest, LLC, case No. CV-22-900072.
In that ruling, the Alabama State Supreme Court affirmed the decision entered by the Jefferson County Circuit Court, which prohibited the city of Center Point from enforcing its rental ordinance (No. 2019-11.). The trial court held the ordinance is preempted by the Alabama Uniform Residential & Tenant Act.
Kurt Hayley, owner of Hayley Management Company in Opelika, told The Observer that one of his company’s inspections that had been scheduled for Tuesday, Aug. 30, was cancelled.
“We had a 10 o’clock appointment and nobody showed up … and we just called in to see what the ETA was and they told us that they canceled the inspection,” Hayley said.
When asked how long it would be before inspections resumed, Hayley said that he was not given a time frame.
“We asked how long [the cancellation] was for and they said ‘as of right now it is ongoing.’ We asked them why that was, and they said ‘the pending lawsuit.'”
Chief Building Inspector for the city of Opelika, Jeff Kappleman, directed our inquiry to Opelika City Attorney Guy Gunter because the city is currently in litigation regarding its own residential rental ordinance, Section 12, Article IV, Ordinance 020-21 in the city’s municipal code of ordinances.
Gunter said that the city cannot offer comment at this time. This is a developing story and The Observer will provide more details once they become available.
