Four Door County property owners have filed a law suit against the Village of Sister Bay after it changed an ordinance limiting the number of bedrooms that can be used in short term rental property. PC: Fox 11 Online
SISTER BAY, WI (WTAQ-WLUK) – A judge denied Sister Bay’s motion to dismiss a lawsuit challenging its four-bedroom use limit on rental properties, meaning the lawsuit will continue.
Sister Bay’s regulations only allow rental properties to rent or use four bedrooms. The village altered some of its short-term rental rules last year after months of meetings. According to the ordinance, the changes came following claims of incomplete applications, violations, concerns, and complaints from residents. Four properties owners sued, arguing the ordinance is improper and their sites should have been grandfathered in. They did not challenge the limit of 12-person occupancy.
The village asked the court to dismiss the case. But in a 12-page ruling issued Friday, Door County Judge Jennifer Moeller denied the motion.
“Despite arguments against ripeness, the Court finds this matter justiciable. The interests of all parties are served by resolution of Plaintiffs’ claims. The claims cannot reasonably be resolved by pursuit of the many alternatives suggested by Defendant. And the purposes of the claims statute are not furthered by dismissing this case on the basis of failure to comply with the claims statue. Based on the Court’s review of Plaintiffs’ claims, liberally construing the pleadings, the Court does not find that there is no condition on which Plaintiffs could recover. The Court denies Defendant’s Motion to Dismiss,” the judge wrote.
There are no hearings scheduled in the case.
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