Letter to the editor: Regulating short-term rentals could lead to legal challenges | SummitDaily.com

Letter to the editor: Regulating short-term rentals could lead to legal challenges

Allen Bacher

Finally, saner heads have prevailed within Summit County. It would seem that the Dillon Town Council has avoided a descent into the Orwellian syndrome that has gripped the other town councils in the area. The rest need to revisit the principles of the the U.S. Constitution and amendments when it comes to the diminishing of property rights without just compensation, especially the principle of supremacy.

Picking “winners and losers” is not the role of government, especially giving the big-box accommodation complexes preferential treatment. I am surprised that the retained attorneys for said towns have not cautioned their respective councils about the risk they face in contriving mandates that fall outside of their legal authority. It very well may be that there is a pro bono group that will step forward and file a class action lawsuit against any and all for such overreach. In doing so, not only will the aggrieved property owners have an option of filing against the respective towns but perhaps the council and commissioners personally, et al.

If such a case can be made that they willfully exceeded their legal authority, then it would open them up to personal liability without the benefit of elected official cover or the resources of government-engaged legal representation. The last time I checked, it is supposed to be “government of the people, by the people, for the people,“ not against the will of the people. In this case, as in some other instances, citizens need to come forward to take back control.

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