Vacation rentals

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An interesting Sixth Circuit case summarized on Law of the Land by Professor Patty Salkin, Jacob v. Township of West Bloomfield, 531 F.3d 385 (6th Cir. July 3, 2008), which held that zoning inspectors are required by the Fourth Amendment’s search and seizure clause must obtain a warrant if the zoning ordinance they are purporting to enforce can lead to criminal prosecution. 

I won’t go into the details of the decision since Professor Salkin analyzes the case here, but the case is important since many zoning ordinances are criminal or quasi-criminal in nature.  The primary penalties for violation of Maui County’s zoning ordinance, for example, are criminal, with the administrative enforcement process serving as an alternative — or additional — process. 

In Jacob, the property owner was actually prosecuted criminally, but the court held that this was not the determinative factor, and that a zoning inspector is…

Continue Reading Zoning Inspectors Need A Warrant

A noteworthy case from the North Carolina Court of Appeals about the limits of Euclidean zoning.  Although the decision was issued in March 2008, it seems no one else has posted on the case, so we will. 

In City of Wilmington v. Hill, 657 S.E.2d 670 (N.C. Ct. App. 2008), the court struck down a local ordinance that required the owner of a garage apartment to reside either inthe main residence or the apartment.  When his permit to build a garage apartment was denied and he was cited for violation of the ordinance, the property owner asserted the owner-occupancy requirement was an unconstitutional regulation of his ownership of the property.

Relying on Graham Court Assoc. v. Town of Chapel Hill, 281 S.E.2d 418 (N.C. Ct. App. 1981), the court held that while the zoning power extends to regulating the use of property, it does not allow the…

Continue Reading PING: 1 month loanURL: http://1monthloan13.co.uk/IP: 185.3.132.231BLOG NAME: 1 month loanDATE: 02/04/2013 07:37:34 AMinversecondemnation.com: Zoning Can Regulate Use Of Property, Not Ownership

Today we filed the Reply Brief (925kb pdf) in Maui Vacation Rental Association, Inc. v. County of Maui, No. 08-15251, the Ninth Circuit appeal from the Hawaii district court’s dismissal of MVRA‘s complaint which sought to declare Maui’s shut down of vacation rentals illegal.

I won’t go into the details, since the Reply Brief spells out the arguments.  It responds to the arguments in the County of Maui’s Answering Brief, posted here.  MVRA’s Opening Brief, as well as links to media coverage of the case and issue, is posted here.Continue Reading Reply Brief in Ninth Circuit Maui Vacation Rental Appeal

The County of Maui has filed its Answering Brief in Maui Vacation Rental Association, Inc. v. County of Maui, No. 08-15251, the Ninth Circuit appeal from the Hawaii district court’s dismissal of MVRA‘s complaint which sought to declare Maui’s shut down of vacation rentals illegal.

Our Opening Brief for MVRA is posted here, along with information about the issues in the case, which include what is necessary to plead a due process property interest, and what are elements of a claim for estoppel and vested rights under Hawaii law. Continue Reading County of Maui’s Brief in Ninth Circuit Vacation Rental Appeal

Today we filed the Opening_Brief (250kb pdf) in Maui Vacation Rental Association, Inc. v. County of Maui, No. 08-15251, the Ninth Circuit appeal from the Hawaii district court’s dismissal of MVRA‘s complaint which sought to declare Maui’s shut down of vacation rentals illegal. 

I won’t go into details of the case since the brief spells out the facts and arguments, but here are some prior posts on the case, and links to media coverage:

Continue Reading Opening Brief Filed in Ninth Circuit Maui Vacation Rental Appeal

Here’s the written order (1.8mb pdf) in Milo v. City of Venice, Case No. 2008 CA 552 SC (Mar. 17, 2008), the Florida case invalidating a municipality’s restrictions on short term rentals that I posted earlier.  The case arose after the city’s planning director determined that the local zoning ordinance restricted short term rentals in “residential” districts. 

The ruling is, of course, specific to Florida law, but there are two points worth noting:

  • The court held that short term rental is not a “business” use.  “Indeed many rental properties, regardless of the duration of therental term, are for profit ventures and could therefore becharacterized as ‘businesses.'”  Slip op. at 6.  The local code also permits temporary residences without limitation.
  • Despite the rule that courts generally should defer to an agency’s interpretation of regulations it administers, the court noted the rule that “[z]oning regulations are in derogation of private ownership

…
Continue Reading Order in Florida Short Term Rental Case

In a story titled “Hawaii: Tourists Make Lousy Neighbors,” the Associated Press summarizes the “transient vacation rental” issue that’s been making waves on Oahu, Maui, and Kauai.  Only one county, the Big Island of Hawaii, does not actively regulate vacation rentals.  Not a very encouraging headline for an economy dependent upon tourism and welcoming visitors.

On a related note, Charley Foster at Planet Kauai expands on the inversecondemnation.com link to a story about the recent legal challenge to Sedona, Arizona’s ban on short term rentals.  Charley adds a collection of links to case studies of how vacation rentals have been treated in other jurisdictions.  Check it out here.Continue Reading Associated Press: “Hawaii: Tourists Make Lousy Neighbors”

As reported here, a lawsuit was filed in Arizona state courts seeking to invalidate Sedona, Arizona’s prohibition on short-term rentals (less than 30 days):

Approximately 450 short-term rental properties in Sedona have beenimpacted by the new Ordinance making it illegal to advertise short-termrentals, and the Code prohibiting short-term rentals.

This ordinance was enacted by the city council Jan. 22 to putteeth into the Code, on the books since 1995, which made it illegal torent properties for less than 30-days

The tail end of the article lists the claims asserted by the plaintiffs, which include vested rights, selective enforcement, and other constitutional and statutory claims. Continue Reading Legal Challenge to Sedona, Arizona Short-Term Rental Ban

The San Francisco Chronicle posts “Maui County closes unlicensed bed and breakfasts and vacation rentals,” with background on the issue and the pending Ninth Circuit appeal.

In what is becoming a divisive battle – bothin court and in residential neighborhoods – the owners of the B&Bsand rental homes charge that the new leadership of Maui County, whichencompasses all three islands, has broken promises made by theirpredecessors to allow unlicensed properties to remain open, pending anoverhaul of the cumbersome licensing process.

County inspectors began their crackdown last July, when about 20properties were ordered to close, mainly in the Upcountry and NorthShore areas of Maui.

Complete story here.  Check out the public comments on the story here. 

Disclosure: I represent the Maui Vacation Rental Association in its Ninth Circuit appeal.

Continue Reading Maui Vacation Rental Ban in the News

There’s still time to register for the “Advanced Land Use and Zoning Law” seminar to be held on Wednesday, February 20, 2008 at the Ala Moana Hotel in Honolulu. 

Topics include vacation rentals, big box zoning, affordable housing exactions, landowner liability for rockfalls, an environmental law update, and a summary of recent key decisions from Hawaii and other jurisdictions on land use and related issues.  The faculty is comprised of my Damon Key Land Use Practice Group colleagues Greg Kugle, Mark Murakami, Robert Harris, and Noelle Catalan.  I’ll be covering the topic “U.S. Supreme Court, Regulatory Takings, and Eminent Domain Update.”

Full agenda and registration information here.  Hope you can make it — if you do, stop by and say hello.Continue Reading Land Use Seminar: February 20, 2008