Wihbey v. Zoning Board of Appeals

Summary

The court held that the 1994 zoning regulations were ambiguous as to whether a single-family dwelling could be rented for short periods and that they permitted short-term rentals because they imposed no temporal occupancy requirement. Applying plenary review and strict construction of zoning restrictions, the court construed the ambiguity in favor of the property owner and affirmed the Appellate Court's judgment. Justice McDonald, joined by Justice Ecker, dissented, reasoning that the terms "home" and "residence" require some permanence and therefore exclude transient short-term occupants.