Ogborn

Plaintiffs Craig and Kayla Ogborn sued the City of Lancaster (City) and individual city officials for various claims arising out of the City’s demolition of their rented home and its contents as part of a nuisance abatement program. The trial court granted summary judgment in favor of all defendants on the ground of qualified governmental immunity. We reverse the judgment in part and affirm in part.

Factual and Procedural Background

The Ogborns lived in a rented white stucco house on a 10-acre parcel in the City. The owner of the property, Donald Miller, Sr., also lived on the parcel in a mobilehome. The exterior portions of Miller’s property had for years contained large amounts of mbbish, junked vehicles and other unsightly conditions. The City ordered Miller to clean up his property and abate nuisance conditions in 1991. Miller did not comply, and the City took no further action for several years.

In January 1998 the City began an extensive nuisance cleanup program. Brian Hawley was the director of the City’s Department of Community Development, charged with administering the program. Brian St. John was a code enforcement officer in the program. Miller’s property…