Whether the Appellate Court erred in finding that Petitioner's use of her home as a short-term rental is not a residential use

QUESTIONS PRESENTED Petitioner, and many other homeowners in the City of New Buffalo, Michigan, a beach community on the eastern shore of Lake Michigan less than one hour from Chicago, rented out her home to individuals and families for durations of } less than one month (short term rental) prior to the City’s passage of a new zoning ‘ordinance which prohibited short term rentals in_ residential districts. Prior to the passage of the new zoning ordinance, the City passed a regulatory ordinance requiring a permit to rent one’s home out for less than one month. After passing the permit regulatory ordinance, the City placed an 18 month moratorium on the issuance of permits and kept that moratorium in place until the time the new zoning ordinance passed, which prohibited ’ Petitioner from obtaining a permit. When the City passed the new zoning ordinance, it included language in the ordinance that unless a homeowner , had already been issued a permit at the time the zoning ordinance passed, no prior lawful nonconforming use could be established. These actions by the City prevent Petitioner from obtaining a short term rental permit, prevent Petitioner from qualifying as a “grandfathered” prior lawful nonconforming use under the City’s new zoning ordinance and the Michigan Zoning Enabling Act, and therefore, prevent Petitioner from continuing to , rent out her property on a short term basis. : 1. Whether the Appellate Court erred in finding that Petitioner's use of her home, located in a residential zoning district, as a rental for one month . i . or less (“short term rental”) is not a residential use, ; but rather, is a commercial use, and should be prohibited in the residential zoning district. , 2. Whether the Appellate Court erred in finding that Petitioner did not have a vested property right in the nonconforming use of her property as a short term rental at the time the City passed a new zoning ordinance prospectively prohibiting new short term rentals in residential zoning districts, despite the City , Manager’s admissions that short term rentals were a legal and permitted use under the original zoning ordinance, despite the City’s actions in issuing permits for short term rentals prior to the passage of the new zoning ordinance, despite the City openly allowing short term rentals, including Petitioner’s, to exist in residential districts for decades prior to passing the new zoning ordinance, and despite the . City’s written recognition of the importance of short term rentals to the local economy and tourism at the time it passed a permitting regulatory ordinance prior to passing the new zoning ordinance. 3. Whether the Appellate Court erred when it included an analysis of the meaning of the terms “domicile”, “residential”, and “family” in its finding. that Petitioner did not have a vested property interest in the use of her home as a short term rental prior to the passage of the new zoning ordinance, when such analysis was not required or © warranted to determine if Petitioner’s use of her property as a short term rental met the definition of “single family dwelling” under the original zoning ordinance when strictly interpreted. 4. Whether the Appellate Court erred in finding ii that the City did not act arbitrarily. and capriciously and did not violate Petitioner’s. substantive due process rights, commit a regulatory taking, and violate the Michigan Zoning Enabling Act when it _ retroactively destroyed Petitioner’s prior lawful use of her property as a short-term rental by (a) adopting a regulatory ordinance requiring homeowners to obtain short-term rental permits; (b) imposing a moratorium on the issuance of those short-term rental permits and holding the moratorium in place for 18 months until it passed a new zoning ordinance; and (c) ending the moratorium simultaneously with amending its . zoning ordinance to prohibit previously unpermitted short-term rentals in -residential zoning districts. : iii