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Varnum Prevails for Property Owners in Short Term Rental Dispute

December 11, 2023

A lakeshore neighborhood advocacy group recently won a preliminary injunction that temporarily lifts a ban on using single-family dwellings as short-term rentals. Varnum represented the group of over 100 property owners and other stakeholders known as Park Township Neighbors in the matter.

The dispute between the group and Park Township stemmed from the township’s November 2022 ban on short-term rentals which went into effect on October 1, 2023. The township claimed that a 1974 ordinance made short-term rentals illegal by default, although the ordinance did not specifically address, define or authorize short term rentals.

On behalf of Park Township Neighbors, Varnum argued that the township’s move to ban the rentals violated the Michigan Zoning Enabling Act by not properly amending the zoning ordinance to define and regulate short-term rentals, and that the township’s original zoning ordinance had always allowed the use of single-family dwellings as short-term rentals. Varnum partner Kyle Konwinski led the Varnum team. 

“When this property owners’ dispute arose with the township, Kyle Konwinski was the first person I called to discuss representing us,” said Park Township Neighbors Board President Jeremy Allen. “Varnum’s breadth and depth of experience no-doubt was a significant factor in our group having been granted a preliminary injunction. We’re very pleased to be working with Varnum.”

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