In briefs filed with the New Hampshire (NH) Supreme Court, lawyers for the town of Conway, the NH Municipal Association and NH Planners Association say a Carroll County Superior Court judge ignored wording in the town’s zoning ordinance when ruling in favor of short-term rental owner Scott Kudrick. The case resulted from a town vote in 2021, when residents rejected a proposal by selectmen to allow non-owner-occupied short-term rentals anywhere single-family homes are permitted in town. Instead, selectmen were given the authority to regulate short-term rentals. Following that, selectmen filed for a declaratory judgment against Kudrick in Carroll County Superior Court. After Judge Amy Ignatius sided with Kudrick in January, selectmen appealed the decision to the state high court. The town’s brief asks the court to decide “whether the trial court erroneously interpreted the ‘permissive’ Conway Zoning Ordinance to allow short-term rentals that are not owner-occupied in the residential districts.”
New Hampshire Business Review (07/28/22) Daymond Steer