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March 06, 2008

Legal Challenge to Sedona, Arizona Short-Term Rental Ban

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 been impacted by the new Ordinance making it illegal to advertise short-term rentals, and the Code prohibiting short-term rentals.

This ordinance was enacted by the city council Jan. 22 to put teeth into the Code, on the books since 1995, which made it illegal to rent 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.

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Comments

The same thing happened to us in a small county in Washington State. The only difference was that their ordinance showed it was legal without permitting, yet they railroaded me and my husband into a C.U.P. application and subsequent denial. We appealed and the prosecuting attorney threatened us with a county lawsuit stating our appeal was frivolous. Our attorney, who was a personal friend of the prosecuting attorney recommended that we withdraw. We ended up withdrawing our appeal and they charged us 500.00 anyways, and dismissed our case with prejudice. This is B.S.! All the while their ordinance said it was legal! How can this happen in America? Renting your house should be a protected liberty no matter how long the rental period!

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