The Upper Midwest Law Center responds to the Minnesota Court of Appeals’ decision in its case challenging how the Minnesota Department of Health (MDH) regulates privately owned residential pools offered for short-term rental.
UMLC brought the case on behalf of homeowners that sporadically rented their private pools using the sharing economy. The MDH treated the homeowners’ pools like “public pools,” subject to licensure, inspection, and costly construction rules without following the formal rulemaking process required under Minnesota law.
The case asks whether the MDH can impose such sweeping regulations on private backyard pools without adopting those requirements through proper legal procedures. Today, the Court upheld the Department’s authority.
“We respectfully disagree with the Court’s decision,” said Doug Seaton, President of the Upper Midwest Law Center. “This case is about whether a state agency can create and enforce new rules without going through the process the law requires. That process exists for a reason and that is to ensure transparency, accountability, and public input.”
UMLC argues that MDH’s actions effectively create new law through informal guidance rather than through the required rulemaking process. In a partial dissent, Judge Connolly agreed.
“Our clients are trying to use their private property in lawful ways,” Seaton added. “When an agency can expand its authority without clear limits, it raises serious concerns about how government power is exercised and who it is accountable to. We are encouraged that one judge on the Minnesota Court of Appeals has recognized that the MDE should have followed the proper procedures.”
UMLC is reviewing the decision and evaluating next steps.