The firm’s recent litigation victory for a Quincy homeowner is now featured as the top story on Massachusetts Lawyers Weekly. The article discusses a case in which the City of Quincy attempted to enforce a new zoning ordinance to prohibit Rich May’s client from renting rooms in her home on Airbnb. Mass Lawyers Weekly writes:
“Liao can now rest a bit easier thanks to a Superior Court judge’s recent ruling that the city wasn’t entitled to a preliminary injunction to enforce a new zoning ordinance prohibiting short-term rentals in her predominantly single-family residential neighborhood.”
At a hearing in July, attorney David Glod argued that our client’s use of her home constituted a preexisting, nonconforming use because it pre-dated the short-term rental ordinance. The judge agreed, finding that the City could not establish a likelihood of success on its claims that warranted issuing an injunction.
Attorneys James Heffernan and Yana Zheng, in the firm’s real estate practice group, initially represented the client in evaluating her rights and considering pursuing a variance from the City. But after review of the variance application and the history of the site, we decided to withdraw from the variance process and protect our client’s property rights in court.
The decision represents a significant win for this client as well as other homeowners facing municipal enforcement of short-term rental regulations.
Disclaimer: This summary is provided for educational and informational purposes only and is not legal advice. Any specific questions about these topics should be directed to attorneys David Glod, James Heffernan or Yana Zheng.
© 2023 by Rich May, P.C. All rights reserved.