PARK TOWNSHIP, Mich. — The homeowners who may lose money and family memories because of a partial ban on short-term rentals in Park Township took legal action Thursday, filing a lawsuit against the municipality.
"We wish that we weren't at this point," said Jeremy Allen, president of Park Township Neighbors.
The short-term rental (STR) owner founded the 501(c)(4) this year in response to the township's decision to enforce an existing 1974 ordinance, disallowing STRS on land zoned for residential use.
"It's almost as though the township is trying to revise the history of tourism and vacation homes and cottages," Allen said.
READ MORE: Short-term rental owners request compromise ahead of residential ban
The History
In November 2022, the township board unanimously voted in favor of the ban, which went into effect Oct. 1, citing "hundreds" of informal noise and nuisance complaints.
"No one should be forced to live surrounded by motels taking over their neighborhood," a resident said during the public comment section of an August board meeting.
The board also referenced a 2019 Michigan Supreme Court ruling where short-term rentals in Spring Lake Township were considered legally comparable to motels, due to their commercial function, and able to be regulated as such.
"Overwhelmingly and consistently, we heard from the community that [it] wanted to maintain a rural, residential feel," Township Supervisor Howard Fink said in an interview with FOX 17 last month.
The Lawsuit
The civil lawsuit, filed in Ottawa County Circuit Court, "seeks to stop Park Township's illegal attempt to ban the rental of single-family homes on a short-term basis," claiming the ordinances in Park Township to be "materially different" than those in Spring Lake.
In addition, it says the board broke the Michigan Zoning Enabling Act (MZEA) when it implemented the partial ban by amending a Zoning Ordinance without providing prior notice and a public hearing.
Then, it claims further violation occurred when the township "tried to swap out" the ordinance with a Regulatory Ordinance. This happened after it realized, according to attorneys, "all of the existing short-term rentals would be grandfathered as non-conforming uses."
"It's been extremely sad to see that there are decades and decades of family memories being potentially taken away," Allen said.
The attorneys for Park Township Neighbors also say the practice of short-term renting is not expressly prohibited for single-family homes in the township, including Allen's.
"There's 50 years of precedent where the township has said vacation rentals, short-term rentals, second homes are legal," Allen said.
With these arguments in mind, Park Township Neighbors is not seeking money, but a restored ability to rent out their homes on short-term basis or be granted nonconforming use should any ordinance render them illegal.
Still, five days into the ban's enforcement, Allen says a number of STR owners have already listed their homes for sale. The longer the legal process plays out, the more money the plaintiffs stand to lose if they do not sell or transition to long-term renting of 28 days or more.
"I think the term irreparable harm comes to mind," Allen said. "I don't want this to turn to divisiveness, right? The lawsuit is a tool, but my hope is that there's still a way to fin a win-win."
In both a phone call and email request for comment late Thursday afternoon, Park Township did not immediately reply.
