LEGAL ACTION
In 2023, we received countless comments from homeowners with significant concerns regarding the various drafts of the new STR ordinance, and several homeowners received legal counsel. We recognized that a wider effort may be beneficial moving forward with many home owners considering legal options to protect their property rights. Subsequently, Oregon Coast Hosts and supporters retained a team of legal experts with experience in the fields of both land use and short term rentals. Our initial goal was to have a better legal understanding of the rights of current STR permit holders & the rights of everyone being limited or removed in the various drafts of the new ordinance. Unfortunately, Tillamook County did not respond to the concerns expressed by our supporters and legal team in a meaningful way, and in August 2023 we initiated litigation at LUBA (Land Use Board of Appeals). Oregon Coast Hosts received hundreds of legal intake questionnaire responses from homeowners with STR permits expressing interest in being considered & we selected a representative group of Petitioners.
The Notice of Intent to Appeal was filed in Aug 2023, and in Feb 2024 LUBA ruled that they did not have jurisdiction over our case. While we are disappointed with the conclusion that LUBA lacked jurisdiction to hear the merits of our petition, we will continue on this path so that we get a ruling on the merits of our case. Our next step is an appeal to the Oregon Court of Appeals of the dismissal of our petition by LUBA for lack of jurisdiction. Oregon Coast Hosts has filed a Petition for Judicial Review with the Oregon Court of Appeals. Our goal is for the Court of Appeals to determine that jurisdiction of our case lies with LUBA, or at least confirm that jurisdiction lies with the Circuit Court.
We simply do not want to see families lose their ability to share their homes with guests along the Oregon Coast, and we understand the vital role of tourism in our local economy. We believe there is a role for data driven & legal regulations to be balanced with community livability and property rights. We continue to be a deeply committed team of volunteers. Our grassroots efforts are strongly reflected in approximately 90% of our donations being from individual homeowners. Our neighbors in Lincoln County are engaged a similar legal battle and we are both committed to fighting for our rights and will continue to pursue every avenue available to us. Please see the links below for more information on legal filings.
Tonkon Torp's David Petersen & Danny Newman are a powerhouse trio with Heather Brann collectively representing Oregon Coast Hosts. David's area of expertise is Land Use & Danny is Tonkon Torp's Chair of their Government Solutions Group. Tonkon Torp is currently working similar groups along the Oregon Coast to advocate for STRs. They bring vast expertise to the table with a large tool box of legal knowledge within their firm.
Heather Brann is the lead attorney working with Via Oregon in Lincoln County who successfully invalidated the ballot measure that would have banned STRs over five years. She is continuing with ongoing litigation there and has significant experience unique to STRs.
Feb 2024: Petition for Judicial Review - Oregon Court of Appeals
Feb 2024: LUBA Dismissal
Nov 2023: Petitioners' Opposition to Motion to Dismiss & Appendix
Please visit the LUBA website for the latest updates on the main case & other related cases
