Case Name: Clinton v. Sister Bay

Court: Door County Circuit Court

Type of Case: Individual Liberties, Preserving Democracy

Filed On: September 17, 2024

Current Status: WILL filed a lawsuit on behalf of multiple property owners in Sister Bay.

The News: The Wisconsin Institute for Law & Liberty (WILL) has filed a lawsuit against the village of Sister Bay for an irrational rule that limits the number of bedrooms vacationers can use in a rental home and restricts where they can sleep. Our clients do not seek to exceed the Village’s 12-person capacity limit, but want to allow their guests to use the whole space however they see fit. The Village’s attempt to limit how private properties can use their rooms and sleeping arrangements is unlawful for many reasons, including that it’s arbitrary and unreasonable.

Additional Background: Wisconsin law gives homeowners the right to rent their home on a short-term basis. Wis. Stat. § 66.1014. Property owners also have a right under Wisconsin law to continue a non-conforming use after a change to local zoning laws, preventing municipalities from retroactively applying zoning changes to existing properties.

Despite these laws, Sister Bay has repeatedly taken the position that properties lose any vested non-conforming features of their property, merely by applying for a short-term-rental license. Property owners who violate the rules risk penalties from $500 to $5,000 per day.

In its latest effort, Sister Bay amended its zoning ordinances to limit short-term rentals to four bedrooms. Even though existing properties should be grandfathered, the Village has thus far refused to honor any exceptions. The Village has also told short-term rental owners that guests cannot use pullout couches, futons, or other sleeping arrangements outside of the four approved bedrooms during their stay.  And the Village has even suggested that properties with more than four bedrooms should lock or restrict access to the extra bedrooms.

CASE DOCUMENTS

• Complaint, September, 17th 2024