Short Term Rental Court Documents

John P. Norusis sued the City of Marine in late 2020, challenging the City’s adoption of a Short-Term Rental Licensing Ordinance (Ordinance No. 2020-156).

The City had adopted the Ordinance after a lengthy process, which involved a substantial amount of public participation and comment, and is consistent with the regulations of many other municipalities.

The City asserted a counterclaim in this litigation, seeking an Order to require Mr. Norusis to fully comply with the Ordinance. The City's Motion for Summary Judgment was heard before Washington County Chief Judge Douglas B. Meslow on July 9, 2021.

 

Documents from July 9, 2021 Court Hearing

 

Following the hearing, the District Court had 90 days to issue a ruling, but ultimately affirmed the City’s authority to adopt the Ordinance. (See Oct. 5 Ruling, below.)

 

City's Counterclaim and Plaintiff's Reply

Served and filed July 20, the counterclaim requests a permanent injunction ordering the plaintiff to end violations of the Short Term Rental Ordinance and cease any use of the property in violation of the Ordinance. A copy of the document is below.

The plaintiff’s reply, prematurely served and filed on June 9, is also below.

 

October 5 Ruling: Judge Dismisses Challenge to the Ordinance

Washington County District Court Judge Douglas Meslow issued an order October 5 denying Mr. Norusis'  request to be "grandfathered in" or otherwise exempt from the city's short-term rental ordinance. The judge also granted the City of Marine's motion to dismiss the plaintiff’s challenge to the ordinance.

The court found that the ordinance was valid, was a licensing ordinance, and the plaintiff was not exempt from its application. It is now established that the plaintiff needs a license to rent the property. For details, read the judge's full order below.

 
June 9 Court Order

The court held a trial January 11, 2022 on the City's counterclaims for Judgement and Declaratory Relief. A June 9, 2022, court order regarding the hearing is below.