This post was authored by Matthew Loescher, Esq.

Property owner Powlette filed a malicious prosecution suit against the township’s zoning code enforcement officer, Carlson, alleging that the officer engaged in intentional and malicious conduct by swearing to a second criminal complaint against the owner for operating a bed and breakfast without a conditional-use certificate after the original complaint against the owner was conditionally dismissed. The Court of Common Pleas, Montgomery County, granted the officer’s motion for judgment on the pleadings, and Powlette appealed.

After reviewing the pleadings, and construing all material accusations and all reasonable inferences therefrom in favor of

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