Representing a Nantucket homeowner who sued the Town over the use of a neighboring property as a short-term rental (STR), A&K Partner Nina Pickering-Cook and Associate Kristen Gagalis earned a big win last week before Massachusetts Land Court Judge Michael D. Vhay. In the case, the homeowner brought a suit against alleging that neighboring property’s use primarily as a STR violated the Zoning Bylaw restrictions for residential neighborhoods in Nantucket.
After trial, Judge Vhay found in favor of the homeowner, ruling that the principle use of homes in residential districts on Nantucket must be as residences, not STRs. The case now goes back to the Nantucket Zoning Board of Appeals, where it has 45 days to start deliberations to determine whether short-term rentals are permissible as a secondary (“accessory”) use of the property.
Nina Pickering-Cook helps both public and private sector clients navigate issues related to construction, land use and real estate and, when needed, successfully litigates on behalf of those clients.
Kristen Gagalis works with public and private sector clients on a variety of issues ranging from land use to due diligence to internal investigations. Prior to her work as an attorney, she was a middle school teacher in Houston, Texas.
Read the article in the Boston Globe here and read the entirety of the ruling and decision here: 22 MISC 000064 MDV – Decision.