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Protecting Property Owners’ Right to Rent Out Their Land

Sedona Grand v. City of Sedona

Case Status

Date Filed

August 2, 2017

Last Step

Victory! The Yavapai County Superior Court ruled that the City is not exempt from Prop. 207

Next Step

Case Overview

Last year, the Goldwater Institute helped property owners in Sedona achieve a significant victory when the city made it a crime to rent residential property for fewer than 30 days.  Sedona defined “rent” very broadly, subjecting property owners to punishments of up to six months in jail and/or a $2,500 fine for engaging in a wide range of activities, including purchasing a time share, contracting for home improvements, and even hiring a babysitter!  The city attempted to circumvent Prop. 207 by masquerading a property regulation as a health and safety ordinance, arguing it is exempt from the law. Thanks in part to the Goldwater Institute’s legal work, the courts saw through the façade and ruled that cities can’t avoid Prop. 207 by merely claiming to advance public health without offering any evidence.  Now the case has been sent back to the trial court to determine whether the city’s weak health and safety rationale passes muster, and we’ll be pairing with local counsel to represent property owners and ensure cities aren’t allowed to skirt these important property rights protections.

Case Logistics

The client is Sedona Grand, LLC owns vacation rental property in Sedona, Arizona. The judge is Hon. Jeffrey Paupore.

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