PARK TOWNSHIP, Mich. — A Park Township property owner who represents around 100 other short-term rental operators plans to appeal a judge's ruling that upheld the township's ban on STRs in residential areas.
Jeremy Allen said he and other property owners are also preparing a federal lawsuit challenging what he calls unconstitutional ambiguity.
"The appeal has to be filed within 21 days of the judge's decision, so that process is already in motion and the new federal lawsuit, imminently," Allen said.
Allen and others founded the nonprofit Park Township Neighbors to challenge the ban against short-term rentals back in 2022.
"There are less than 100 homes asking as part of our group to be worked into grandfather status," Allen said.
Allen says he invested $100,000 in renovating his Park Township property in 2017 after purchasing it as a vacation rental. He says township officials encouraged the project when he pulled building permits.
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"We pulled a building permit, spent $100,000 of money to improve the home, had a conversation about it being a short term rental. We're never told it was illegal to short term rent it," said Allen.
The property serves as both a family vacation home and rental property.
"We've had Christmases and Thanksgivings and family vacations, and want to continue to use it for that," Allen said. "The township is trying to take that use away from me, so, it is frustrating, and don't want to give that up."
A judge ruled last week that Park Township 'did not err' in its ban on short-term rentals in residential neighborhoods.
In a Nov. 5 press release, the township said it is now authorized to begin enforcement and cite short-term rentals that continue operating.
Township Supervisor Steve Spoelhof said in the release:
"We have long held that our neighborhoods are for residents, not commercial uses like short-term rentals. The Township will continue to contend for the safety of our residents, their home investments, and the value of a community where you know your neighbors' names."
Allen disputes the township's enforcement history, claiming officials told property owners for decades that short-term rentals were legal.
"Park Township has nothing in place about inspecting rentals, and their answer, when asked over the last 50 years is, we don't inspect, we don't regulate rentals of any kind," Allen said.
In last week's ruling, the judge did note that the township did not take enforcement action against STRs for decades. He goes on to write:
"Finally, prior erroneous statements by zoning administrators are not legally binding on either the ZBA or this Court. This Court must ignore those statements because they conflict with an unambiguous Zoning Ordinance. Zoning administrators and Township employees do not have the authority to enact or modify ordinances, only the Township Board may enact ordinances and the ZBA has final administrative interpretation of zoning ordinances. The ZBA did not err."
You can read the full ruling here:
Park Twp Short-Term Rental Zoning Board of Appeals Appeal Ruling by WXMI
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