Fed. Dist. Court of Michigan Finds Plaintiffs Did Not Obtain a Vested Property Interest Because Their Nonconforming Use Did Not Comply with Prior Zoning
This post was authored by Matthew Loescher, Esq.
Plaintiffs owned homes in the City of New Buffalo, Michigan, that they used, or intended to use, as short-term rental properties. In 2019, the City passed an ordinance requiring homeowners in the City to obtain a permit before using their homes as short-term rentals. In 2020, the City adopted a resolution that suspended the issuance of such permits. Plaintiffs brought this action against the City to challenge the validity of that resolution under state and federal law.
At the outset, the court noted that Plaintiffs’ failure or inability to obtain a short-term

