Property Owners, Rental Property, Appeals

Mass. Land Court Rules Short Term Rentals Aren’t a Lawful Accessory Use in Nantucket Zoning District

Pierce Atwood LLP on 6/17/2025

In a case of significant interest to the legal community and especially to Nantucket property owners, the Land Court recently issued its long-awaited decision in Ward v. Town of Nantucket (pdf) (Ward II), concerning the...more

Let’s Give ‘Em Sutton to Talk About: Tennessee Court Enforces Sutton Doctrine

White and Williams LLP on 6/22/2023

In Patton v Pearson, No. M2022-00708-COA-RC-CV, 2023 Tenn. App. LEXIS 231, the Court of Appeals of Tennessee (Court of Appeals) considered whether the lower court erred in dismissing an insurance carrier’s lawsuit against its...more

Ban on Short-Term Rentals Required Coastal Commission Approval

Perkins Coie on 5/10/2022

The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

California Court of Appeal Determines State Law Preempts Local Ordinance Provisions in Specific Instances

Latham & Watkins LLP on 8/29/2018

CEQA Case Report: Understanding the Judicial Landscape for Development - In a partially published opinion issued April 4, 2018, Small Property Owners of San Francisco Institute v. City and County of San Francisco, Case...more

City of Oakland’s Building Code Appeal Process Violates State Law and Infringes Private Property Rights the State of California...

Miller Starr Regalia on 2/1/2018

The law has many terms for the word “fairness,” including due process, good faith, neutral and unbiased. And among the basic principles of fairness, the Latin maxim “nemo debet esse judex in propria causa” stands out. It...more

Restrictive Covenants: The Impact on Washington Condo Owners

Schwabe, Williamson & Wyatt PC on 10/19/2017

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in...more