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Last week the Arizona Supreme Court threw back to the lower courts a lawsuit over short-term rentals in Sedona.

The Arizona Supreme Court declined without comment to hear separate arguments from the city of Sedona and lawyers for Sedona Grand, LLC, a short-term rental business. The decision, or lack thereof, remands the case back to Superior Court.

Sedona City Attorney Mike GoimaracThe initial lawsuit doesn’t directly challenge the city’s ban on short-term vacation home rentals of fewer than 30 days, which have been banned in residential areas since 1995 under the Sedona Land Development Code.

Instead, lawyers for Sedona Grand argue the city owes the company compensation because it violated the Private Property Rights Protection Act — passed by voters as Proposition 207 in 2006. The law requires governments to reimburse private property owners when new land use laws reduce “the existing rights to use, divide, sell or possess private real property.”

“I think there’s a wide variety of various health and safety issues,” City Attorney Mike Goimarac said. “We had numerous people talk about everything from litter to noise to large congregations of parties, wedding parties and so forth, houses being used for somewhat nontraditional kinds of activities and those all, I think, were taken into account by the [Sedona] City Council in deciding that it needed to enact an enforcement ordinance.”

For the full story, see the Friday, Sept. 7, edition of the Sedona Red Rock News.

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  • DougS

    A throwback to superior court. . . Again, lost revenue for the city when a lot of people could be benefiting if this ban were lifted.

  • djs

    It was ill-advised to have "passed" unneeded regs subsequent to the pre-exiting ban established in '95. Prop 207 was passed in'07;most, if not all, property interests of complaining parties in question came into being after being burdened by the '95 regs, so there are no "existing' use rights subject to a taking. This situation avoidable.

  • Batman

    I live here and operate a business which deals with both the city and its residents. I can state quite authoritatively that all this is a joke. The city's ban on short term rentals is one of the most violated and largely ignored laws in all of Arizona. There are literally hundreds of illegal temporary and short term rentals taking place every day and they are treated the same as the illegal immigrants employed throughout Sedona. Everyone looks the other way because it is the way they do business here.

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