Wihbey v. Zoning Board of Appeals

Summary

The court held that the 1994 zoning regulations permitted short-term rentals of a property authorized for use as a single-family dwelling. Because the terms "home" and "residence" reasonably could refer to a dwelling used by one family at a time without a minimum occupancy period, the regulations were ambiguous and had to be construed against an implied restriction on property use. Justice McDonald, joined by Justice Ecker, dissenting, would have construed those terms to require a degree of permanence and would have held short-term rentals impermissible.