In Shanks v. Byrd, No. 06-35665 (Aug. 27, 2008), the Ninth Circuit held that a municipality’s alleged failure to enforce its zoning laws was not a violation of the Fourteenth Amendment.
Developers who convert homes into student residents apparently did not obtain all of the appropriate permits from Spokane, Washington to remodel a portion…
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…
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…
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…
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…
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…
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 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…
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 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
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