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    NC Appeals Court Urged to Throw Out Chapel Hill’s Short-Term Rental Ordinance

    A lawsuit filed at the N.C. Court of Appeals challenges Chapel Hill’s short-term rental ordinance, arguing that the town had no authority to put the ordinance in place. The brief urges appellate judges to reverse a trial court order favoring the town. The suit challenges the regulation of zoning and land use based on where the owner or owner’s agent lives or doesn’t live, and for what length of time, according to the plaintiff's attorney. The brief also challenges Chapel Hill’s characterization of the residency requirement as a type of land use, comparing the requirement to single-family or multi-family designations. Chapel Hill approved new short-term rental restrictions in June 2021, then set an 18-month deadline for property owners to comply. Plaintiff Eric Plow, who owns Chapel Hill Rentals, filed his complaint against the town in September 2021. Orange County Superior Court Judge Allen Baddour ruled in favor of Chapel Hill in July 2022.

    Carolina Journal (02/15/23)

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