On January 28, 2021, the Michigan Court of Appeals issued another short-term rental decision in Pigeon v Ashkay Island, LLC (unpublished decision; Case No. 351235; 2021 WL 299329).
In that case, the municipal zoning ordinance at issue did not expressly address short-term rentals. However, the zoning ordinance only allowed “tourist cabins” in the commercial zoning district. Since the short-term rental involved was located within the rural agricultural zoning district and the zoning ordinance did not expressly allow short-term rentals, the Court of Appeals held that short-term rentals were prohibited in that zoning district. Now that Michigan has several appellate court decisions regarding short-term rentals, it is clear that determining whether a short-term rental is allowed in a single-family dwelling, cottage or cabin depends on the express language in the zoning ordinance involved. The Court of Appeals also held that the complaining neighbors did have standing to bring the lawsuit to enforce the local municipal zoning ordinance pursuant to Towne v Harr, 185 Mich App 230 (1990).
Bloom Slugget, PC
Grand Rapids Michigan Attorney
