White v. Village of Sister Bay

Case Name: White v. Village of Sister Bay

Type of Case: Preserving Democracy Project

Court: Door County Circuit Court

Filed On: June 20th, 2024

Current Status: A Door County Judge ruled that Captains Cottage LLC was wrongfully denied their short-term rental license by the Village of Sister Bay.

DOOR COUNTY VILLAGE CUTTING SHORT TERM RENTING OPTIONS AHEAD OF THE SUMMER

June 20, 2024 | WILL and Attorney Bjorn Johnson have filed a lawsuit against the Village of Sister Bay on behalf of their clients for unlawfully refusing to issue a permit to rent their property.

Door County Judge Grants Temporary Relief to Short Term Rental Owners in Sister Bay

June 27, 2024 | A Door County judge has sided with the Wisconsin Institute for Law & Liberty and Attorney Bjorn Johnson and issued a temporary injunction against the Village of Sister Bay. The injunction will allow Captains Cottage LLC to resume short-term rentals while the Village considers their appeal.

Judge Rules in Favor of Property Owners in Sister Bay Renters Case

June 17, 2025 | A Door County Judge ruled that Captains Cottage LLC was wrongfully denied their short-term rental license by the Village of Sister Bay. The Judge’s decision establishes our clients’ vested property rights and will serve as an important ruling for many Sister Bay property owners.

The Lawsuit: Wisconsin law gives homeowners the right to rent their home on a short-term basis. Wis. Stat. § 66.1014. Property owners also have a right under Wisconsin law to continue a non-conforming use after a change to local zoning laws, preventing municipalities from retroactively applying zoning changes to existing properties. Yet Sister Bay has taken the position that, by applying for a short-term-rental license, properties lose any vested non-conforming features of their property.

Village Ordinance § 18.56(F) also gives property owners a right to appeal the denial of a short-term-rental license to the Village Board of Trustees. Defendants violated that plain legal right by: (1) failing to create an “Appeal Form” or adopt an “appeal fee,” which, per the ordinance, are required to appeal; (2) refusing to provide the Whites with any appeal form or inform them of the amount of the fee when they asked for it; and (3) rejecting their attempt to appeal for failing to pay a fee that doesn’t exist.

Background: WILL and Attorney Bjorn Johnson have filed a lawsuit against the Village of Sister Bay on behalf of their clients Captains Cottage LLC, a short-term rental in the Village for unlawfully refusing to issue Captains Cottage a permit to rent the property.