Land Court Upholds Hull ZBA on Short-Term Rental

In a decision issued on Mary 23rd, the Land Court (Judge Karyn F. Sheier) upheld the decision of the Hull ZBA, which had affirmed the Building Commissioner’s order to the owner of a lawful pre-existing two-family dwelling in a single-family residential zone to cease and desist from weekly rentals.  [Lytle Trustee v. ZBA of Hull, 13 MISC 480974]  The Court held that the weekly rental was a commercial enterprise in a residential zone, and thus inconsistent with the purposes of the district. Not finding the ZBA’s decision to be “arbitrary, capricious, whimsical, or unreasonable,” the Court denied summary judgment to the Plaintiff and granted summary judgment to the ZBA.  The decision of the court offers an interesting analysis of the Town’s zoning bylaw, and the extent to which deference is appropriate to the ZBA’s interpretation of the bylaw and the ZBA’s reference to external sources to support its interpretation. Click here for the full text of the decision.

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