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Arkansas Supreme Court joined other states finding that short term rentals are not commercial uses of property.
Vera Lee Revocable Trust v. O’Bryant, 537 S.W.3d 254 (Ark. 2018). Accord, Slaby v. Mountain River Estates Residential Ass’n, Inc.,100 So. 3d 569 (Ala. Ct. Civ. App. 2012).
Kentucky Appellate Courts find that short term rentals can violate covenants, but FL and WA courts disagree.
Harvard Law School | Short term rentals (such as Airbnb) held not to violate a covenant prohibiting…
Court of Appeals in Colorado established a test for whether a city may condemn open space land outside city boundaries.
The test to condemn:
law week colorado | Court of Appeals Gives Guidance on Eminent Domain
Court: Wisconsin Supreme Court
Question: If a city builds a bridge that blocks the view of a billboard, is that a taking of private property that merits compensation?
The Court: No compensation for a bridge that blocks a billboard
The billboard company argument: the business has been deprived of “all economically beneficial use”
Why is this not a compensable taking? the right to visibility of private property from a public road “is not a cognizable right giving rise to a protected…
The U.S. Supreme Court agreed to allow the case of an eminent domain protestor, who was arrested at a city council meeting, to proceed.
What is the eminent domain protestor claiming? That he has a 1st amendment right to protest
Court: Judge Caroline E. Baker, state district court judge in Harris County
What happened to get us into a court room? a Houston photographer’s claimed that UofH used his photogrpah of Houston in its materials without permission
What did Uof H argue to stay out of court? soveriegn immunity, represented by the Texas Attorney General’s Office
the court say? that the university cannot claim soveriegn immunity for the taking
San Antonio Express News | UH can be sued for using photo, judge…
State:Pennsylvania
The regulatory requirement for managing short term rentals: a real estate broker licensing requirement that “makes it a crime for anyone but a fully licensed real estate broker to help property owners manage rental properties on sites like Airbnb”
Who challenged the regualtory scheme? The Institute for Justice
What have the courts done? Appellate Court has kept the licensing requirement in tact
What is the argument against a broker license for managing short term…
Virginia courts will be taking up a 1st amendment freedom of religion vs. a 5th amendment eminent domain case.
Numerous eminent domain cases against religious institutions are swirling in various state courts setting up a US Supreme Court issue.
What’s happening in VA? First Baptist Norfolk wants to blovk Virginia Department of Transportation use of eminent domain for property they value at $11.8 million.
10Wavy | Norfolk Church goes to court in eminent domain case with VDOT
Court: Texas Supreme Court
Case: Tarr v. Timberwood Park Owners Ass’n, Inc.
Did restrictive covenants stop short term rentals? No, short term rentals can continue.
How did short term rentals continue in the face of restrictive covenenants that limit use of a property to single-family residences?
Which courts? Federal Courts in Texas
Landowners: 9 Fanin County, TX landowners
Landowners are suing: U.S. Army Corps of Engineers and Col. Christopher A. Hussin, commander of the corps’ Tulsa district
The reservoir: Lower Bois d’Arc Reservoir in East Texas being built by North Texas Municipal Water District
The legal issue: The federal permit issued by the corps violated federal water and environmental laws
Dallas Morning News | Lawsuit challenges reservoir that would supply water for…
5 Cities where the Institute for Justice is/has been legally fighting food truck ordinances in:
The argument supporters of food truck rights are using: fighting economic protectionism
IJ.com | Fish Creek Food Truck owners Threatened with Fines Fight Back