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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 1317
Experience:  I am a licensed attorney ready to answer your questions in a variety of areas.
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I own a Vacation Rental business. My properties are in an

Customer Question

I own a Vacation Rental business. My properties are in an area where the zoning allows for vacation rentals. Because of Air B and B there are over 800 illegally zoned Vacation Rentals in my town. Can I sue Air B and B ?
Submitted: 9 days ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 9 days ago.

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question?

By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

Customer: replied 9 days ago.
Take your time would rather see in writing than phone call.
Expert:  Legal Eagle replied 9 days ago.

The answer to your question is yes, you could have standing to sue. In Arizona, deciding whether a plaintiff has standing “must begin with a determination of whether the statute in question authorizes review at the behest of the plaintiff.” (Sierra Club v. Morton, 405 U.S. 727, 732 (1972).) In Arizona, the case of Scenic Arizona v. City of Phoenix Board of Adjustment and American Outdoor Advertising No. 1 CA–CV 09–0489 gave a private group, Scenic Arizona, standing to sue Arizona Outdoor Advertising because they were a "person aggrieved" by the city's decision. For you, this means that because there are 800 illegally zoned vacation rentals, then you may be able to sue Air BnB as a result. But there are a few things to keep in mind. First, you will want to keep in mind that because AirBnB sets itself up as an "advertising company" rather than a "rental company," they would try to get the lawsuit thrown out. In addition, because they have not received approval, you may have to petition the state or the city to bring a lawsuit for the illegal zoning. You may need to hire an experienced real estate attorney to assist (click here), but generally you may be able to at least get an injunction to prevent illegally zoned rentals from operating until they have a permit.

Expert:  Legal Eagle replied 9 days ago.

Follow up questions are free so did you have any additional questions? If not, were you satisfied with my service today?

Customer: replied 9 days ago.
I am an Arizona resident, properties are in New Mexico.
Customer: replied 9 days ago.
Can I sue City for lack of enforcement ?
Expert:  Legal Eagle replied 9 days ago.

Gotcha, thanks for the heads up. Yes, you could sue the city for lack of enforcement under the theory that you are a taxpayer.

Expert:  Legal Eagle replied 9 days ago.

Keep in mind if you sue the city, you have to prove these three things to establish standing:

  1. Injury-in-fact: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract). The injury can be either economic, non-economic, or both.
  2. Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
  3. Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
Expert:  Legal Eagle replied 9 days ago.

did you have any additional questions?

Expert:  Legal Eagle replied 6 days ago.

Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, would you be so kind as to rate your opinion of my service?