An article in the Conway Daily Sun (click here for full article) discusses the latest in a court case that started in 2018 over short term rentals in that precinct.
Here is a summary of the article:
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Court Ruling:
- Carroll County Superior Court ruled in favor of the Kearsarge Lighting Precinct (KLP) in a case against a Massachusetts couple, Christopher and Kelly Andrews.
- The ruling mandates short-term rentals (STRs) within the KLP must be owner-occupied unless overturned by the New Hampshire Supreme Court.
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Case Background:
- The Andrewses, who own two properties in the KLP, filed the lawsuit in 2018 after being restricted from running non-owner-occupied STRs.
- The case was previously reviewed by the New Hampshire Supreme Court, which sent it back to the Superior Court.
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Ordinance at Issue:
- The KLP zoning ordinance requires all residential properties offering sleeping accommodations to transient or permanent guests to be owner-occupied.
- Judge Mark Attorri ruled the ordinance valid, stating it promotes the general welfare by preserving a quiet and peaceful neighborhood.
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Arguments and Counterarguments:
- The Andrewses argued the ordinance was beyond the precinct’s authority (“ultra vires”) and unclear.
- The court disagreed, affirming the ordinance does not discriminate against tenants and may promote affordable housing by increasing residential stock.
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KLP Enforcement History:
- Complaints about guest behavior prompted public hearings in 2017, followed by violation letters to the Andrewses.
- Appeals by the Andrewses were denied by the KLP Zoning Board in 2018, leading to the lawsuit.
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Broader Implications:
- The ruling marks a rare victory for a municipality in cases involving STR owners, with similar cases often favoring the property owners.
- Debate continues over the KLP’s authority and future, with a petition circulating to dissolve the precinct.
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Next Steps:
- The Andrewses are undecided about appealing to the New Hampshire Supreme Court.
- The KLP commissioners may lift their pause on ordinance enforcement even if an appeal is filed.
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Statements from Stakeholders:
- KLP officials expressed satisfaction with the ruling.
- The Mt. Washington Valley Association for Responsible Rentals criticized the decision, arguing the KLP was not intended to regulate property rentals.