CLINTON V. SISTER BAY

Case Name: Clinton v. Sister Bay

Type of Case: Economic Freedom

Court: Door County Circuit Court and Wisconsin Court of Appeals

Case Number:

Filed On: September 17, 2024

Current Status: WILL secured a major victory at the Court of Appeals, and our clients’ ability to rent out their property is protected.

WILL filed suit against the Village of Sister Bay over an irrational rule that limits the number of bedrooms vacationers can use in a rental home and restricts where they can sleep. WILL represents four homeowners contesting these regulations as arbitrary and unreasonable.

Background

Under Wisconsin law, property owners have the right to rent homes short term and to maintain non-conforming uses after zoning changes. Despite these protections, Sister Bay refused to grandfather existing properties and imposed penalties ranging from $500 to $5,000 per day for violations. The Village also prohibited guests from using pullout couches, futons, or alternative sleeping arrangements outside approved bedrooms.

Status

• July 14, 2026 — The Wisconsin Court of Appeals ruled that the Village’s four-bedroom cap operates as an illegal back-door prohibition on renting.
• March 7, 2025 — The Door County Circuit Court denied the Village’s motion to dismiss, allowing the lawsuit to proceed.
• September 16, 2024 — WILL filed the initial lawsuit.

Lawyers

Rick Esenberg, President and General Counsel; Luke Berg, Deputy Counsel; Lucas Vebber, Deputy Counsel; Kyle Koenen, Director of Policy

CASE DOCUMENTS

• Memo in Support of Motion, September 24, 2024
• Motion for Temporary Injunction, September 24, 2024
• Complaint, September 17, 2024
• Judge’s Decision Denying Motion to Dismiss, March 2025
• Summary Judgment, August 2025
• Appeals Court Decision, July 2026