Attorney John Bisson makes a point to Carroll County Superior Court Judge Mark Attorri Oct. 24, 2024 during a hearing on the merits in the case of Christopher Andrews and Kelly Andrews v. Kearsarge Lighting Precinct. Bisson represented the Andrews with attorney John Cronin seated next to him. At the other table is Demetrio Aspiras III who represents the KLP. (Photo by Daymond Steer, Conway Daily Sun)
A Carroll County Superior Court judge last Tuesday handed the Kearsarge Lighting Precinct (KLP) a victory against a Massachusetts couple who owns two short-term rentals (STRs) in the precinct.
So, unless the decision is reversed by the New Hampshire Supreme Court, STRs in the Kearsarge Lighting Precinct must be owner-occupied.
The case, Christopher Andrews and Kelly Andrews vs. the Kearsarge Lighting Precinct, was filed in 2018.
The Massachusetts couple sued over being able to run non-owner-occupied short-term rentals in their Kearsarge properties. The case made it to the Supreme Court but the Supreme Court sent it back to the Superior.
The precinct covers areas of both Conway and Bartlett. It was established by the Legislature in 1957. The Andrewses bought two homes in the precinct in 2011 and 2013.
The KLP ordinance at issue says: “All residential properties that offer sleeping accommodations to transient or permanent guests shall be owner-occupied and -operated.”
Judge Mark Attorri heard the case in October of last year.
The Andrewses, of Melrose, Mass., were represented by John Cronin and John Bisson. The KLP was represented by Demetrio Aspiras III of Drummond Woodsum of Manchester.
Attorri issued a written ruling noting the Andrewses argued that the guest provision was “ultra vires,” meaning beyond the precinct’s legal authority. However, Attorri disagreed, saying the KLP’s zoning ordinance promotes the “general welfare” of its inhabitants.
“By seeking to maintain a quiet, peaceful neighborhood, the guest provision falls squarely within the authorized purpose of promoting the general welfare within the KLP,” wrote Attorri.
“The court therefore rules that the guest provision is not ultra vires.”
This seems to be a rare victory for a municipal entity against STR owners. In recent years, Conway, Freedom, Madison as well as Sunapee have lost in court to STR owners, though Portsmouth defeated STR owners in 2019.
Among claims made by the Andrewses is that the guest provision is unclear. They questioned what a permanent guest is and also said this would ban all rentals regardless of duration.
“The guest provision here is not as broad as plaintiffs argue and does not discriminate against tenants seeking housing, affordable or otherwise,” said Attorri. “Arguably, the guest provision makes housing more affordable by increasing residential housing stock available for tenants.”
Cronin told the Conway Daily Sun that a decision to appeal has not been made.
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