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Town of Madison suing Eidelweiss owner for operating STR

This article from the Conway Daily Sun (4/24) says the town of Madison is suing an Eidelweiss owner for operating a short term rental.  Will be very interesting to see how this plays out....

  • The town of Madison, NH, has filed a lawsuit against Nicholas Gage for operating a short-term rental in violation of local ordinances.
  • The lawsuit is set to be heard in Carroll County Superior Court.
  • Gage's property, located at 10 Barden Place in the Eidelweiss Residential District, is the subject of the dispute.
  • In 2022, Madison residents voted to amend the definition of dwelling units to be used for non-transient residential purposes, specifying occupancies longer than 30 days.
  • Gage advertised and rented his property for periods less than 30 days, violating this amendment.
  • After several notices and a denial of appeals by the zoning board of adjustment, the town has deemed Gage's actions as final and non-appealable.
  • The town attorney, Cordell Johnston, is seeking civil penalties of $275 per day retroactive to January 12, totaling over $20,000 by the filing date.
  • The town is also requesting the court to prohibit Gage from further short-term rentals and to reimburse the town for legal and investigation expenses.
  • Gage has yet to respond to the lawsuit and claims he has not seen it.
  • The lawsuit was initiated by a vote among the selectmen, with one member abstaining due to unfamiliarity with the case details.
  • The property is listed on Airbnb.

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