Property Rights Re Short-Term Rentals
Does a property owner have a vested right to offer short-term rentals when a city changes its short-term rental policies? Last month, the Sixth District Court of Appeal published a decision addressing this issue. To find out what they decided, watch the video above and read my summary of the case below.
New CA Real Property Decision
Hobbs v. City of Pacific Grove (2022) _ Cal.App.5th _ , 2022 WL 16921175: The Court of Appeal affirmed the trial court’s order denying plaintiffs’ motion for summary judgment as to their second claim alleging that defendant city’s Ordinance No. 18-005 violated plaintiffs’ right to due process by arbitrarily limiting the number of homes that could be offered as short-term rentals and by subjecting them to random selection for nonrenewal of licensure. Although the two plaintiffs no longer had standing, the Court of Appeal retained jurisdiction to decide the issue because the case presented an issue of substantial and continuing public interest that was capable of repetition. The Court of Appeal concluded the plaintiffs failed to establish that their economic interest in renting their vacation homes exclusively for transient visitors was an entitlement subject to state or federal constitutional protection as a matter of law. To the extent they asserted a “vested right” in that particular economic use of their real property, they established neither right—beyond the expressly defined terms of their license—nor vesting on the record. Nor did they establish that defendant’s curtailment of short-term rental licenses was so unrelated to legitimate state interests that it could be said to infringe on substantive due process. (C.A. 6th, filed October 14, 2022, published November 14, 2022.)
I still take a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.
I also help attorneys and their clients by serving as a mediator, arbitrator and referee at ADR Services, Inc., handling cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule an ADR matter with me, contact my case manager at ADR services, Haward Cho, [email protected], (213) 683-1600.
Until my next blog post, stay safe and healthy.
Monty A. McIntyre, Esq.
Master Lawyer Mentoring™
Civil Trial Attorney
Mediator, Arbitrator & Referee
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]