The lawsuit asserts that the Township’s sweeping restrictions violate multiple constitutional protections,
including rights of free speech, free association, private property ownership, and freedom from unreasonable
governmental intrusion and regulation. According to the Complaint, the ordinance was enacted, not to address
legitimate public harms, but to suppress a lawful and longstanding use of private property through arbitrary and punitive regulations.
Among other things, the lawsuit challenges the ordinance’s prohibition on undefined “special events” at short
term rentals — including birthday parties, holiday gatherings, and family reunions — as an unconstitutional and irrational restriction on private association and ordinary residential activity. The Complaint also attacks the ordinance’s seven-day minimum stay requirement, its six-week annual cap on short-term rentals, and its arbitrary limitation on the number of individuals permitted to be present at a property, regardless of the size of
the home or the nature of the gathering.
The homeowners allege that these restrictions collectively amount to a transparent effort to phase out short-term rentals through economic strangulation and excessive governmental regulation and control, including into what activities can occur at home, depriving the property owners of fundamental constitutional rights and the reasonable use and enjoyment of their property.
Paul Schwiep, co-counsel for the homeowners, said, “Many of these homeowners acquired properties years ago
as long-term investments. The Township’s ordinance effectively strips away any realistic chance these
homeowners have to use the homes as short-term rentals and engage in proper activity necessary to maintain
them. The Township is punishing responsible property owners and good neighbors who bring guests to the
community who support local businesses and contribute to the region. Instead of working cooperatively with
homeowners, the Township has adopted an exclusionary and hostile approach designed to force them out.”
Joel Harris, co-counsel for the homeowners, stated: “For years, Township officials have engaged in an
escalating effort to pressure and intimidate these homeowners. The recent ordinance represents the culmination of that effort. The Township has attempted to disguise an outright ban on short-term rentals behind a byzantine maze of burdensome and irrational restrictions designed to make short-term rentals economically impossible. The Constitution does not permit local governments to single out property owners for this kind of targeted hostility simply because a vocal political faction opposes lawful property use. Our clients have invested heavily in this community, maintained their homes responsibly, and contributed to the local economy. They should not be subjected to regulations deliberately crafted to drive them out.”
Case # 1:26-cv-01672 Find a copy of the Complaint HERE.
Find additional Exhibits HERE.
Coffey Burlington P.L.
2601 S Bayshore Dr
Penthouse 1
Miami, FL 33133
Paul J. Schwiep
Coffey Burlington
+1 305-495-3833
pschwiep@coffeyburlington.com
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