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Industry News for Vacation Rental Managers

Savannah Sues Vacation Rental Operator Now That Short-Term Rentals Are Defined By City Ordinance

Savannah Sues Vacation Rental Operator Now That Short-Term Rentals Are Defined By City Ordinance
mm
Heather Weiermann
December 26, 2017

In September 2017 Savannah City officials adopted an amended ordinance to define and create more structure for the growing number of short-term vacation rentals within the city. Now, just three months later, in December 2017, the City of Savannah filed a lawsuit against Mark Dewitt and his company Ardsley Park Savannah Properties, LLC. for operating vacation rentals in a district where they are prohibited by the city’s zoning ordinance. The lawsuit requests temporary and permanent injunctions halting what it claims to be illegal commercial use in residential neighborhoods, in addition to fines and attorney’s fees.

The lawsuit, filed on December 12, 2017 claims Dewitt advertises at least 26 unlicensed units, some located in districts such as Ardsley Park, that do not allow short-term rentals.

At this time, DeWitt has indicated he plans to fight the lawsuit.  His attorney, Don Dyches, claims the city’s ordinance does not comply with state law, which protects a homeowner’s property rights. He also referenced the 2016 Georgia Court of Appeals previous ruling in DeWitt’s favor when the city filed a similar lawsuit.

In the June 2016 ruling, the Georgia Court of Appeals found that a previous ruling in 2013 against DeWittt, was based on existing laws that regulate “inns” but did not clearly define an “inn” and therefore could not be assumed to apply to DeWitt’s business practices. This was before the city adopted the current ordinance that defines short-term vacation rentals.

City Attorney Brooks Stillwell stated he believes the Court of Appeals ruling has no bearing on the current case.

Earlier this year, Georgia State Rep. Matt Dollar introduced legislation via HB 579 that would keep local governments from banning the short-term vacation rental businesses. If passed, this legislation would repeal the laws Savannah and other cities currently have in place.

Dollar indicated he is accepting feedback from interested parties on the proposed bill through the end of 2017.

Related ItemsbancommunityGeorgiaHB 579industryordinanceregulationsrestrictionsSavannahshort-term rentalshort-term rentalsvacation homevacation rentalvacation rental ordinancezoning
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Industry News for Vacation Rental Managers
December 26, 2017
mm
Heather Weiermann @travlinsunshine

After growing up on the beaches of San Diego, Heather graduated from the University of California, Santa Cruz with a Community Studies degree. Heather began marketing and managing vacation homes in 1999 as a favor to a friend who owned a beautiful home in La Jolla, California. Over the course of 14 years, Heather’s business, Southern California Vacation Rentals, grew to become one of San Diego’s leading vacation rental companies. In 2013 Heather sold her company, and after helping with the transition of ownership, Heather knew immediately she wanted to help other vacation rental managers realize the same results she found after implementing The NAVIS Way at her own business. Throughout her tenure, Heather has supported the vacation rental industry and other vacation rental managers by volunteering on local, state and national tourism and vacation rental committees and advisory councils. Heather served on the Board of Directors and as an Executive Committee Member of the Vacation Rental Managers Association from 2010 - 2014. Heather also founded the California Vacation Rental Managers Alliance and the San Diego Vacation Rental Managers Alliance. Both organizations were created to bring a much needed voice and public awareness to the region's vacation rental industry.

Related ItemsbancommunityGeorgiaHB 579industryordinanceregulationsrestrictionsSavannahshort-term rentalshort-term rentalsvacation homevacation rentalvacation rental ordinancezoning

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