Judge David L. Weber issues an injunction against Sister Bay in Adam White et. al. vs. Village of Sister Bay et. al.
06-26-2024
Injunction hearing
Court official Weber, David L.
Court reporter Jewell, Holly
10:00 AM
Additional text:
Attorney Bjorn A Johnson in court for Adam White, Brigid White, and Captain's Cottage LLC. Attorney Lucas Thomas Vebber in court for Adam White, Brigid White, and Captain's Cottage LLC. Attorney Luke N. Berg in court for Adam White, Brigid White, and Captain's Cottage LLC.
Attorney Remzy David Bitar in court for Julie Schmelzer, Nate Bell, Denise Bhirdo, Kurt Harff, Louise Howson, Patrice Champeau, Lilly Orozco, Alison Werner, and Village of Sister Bay. Attorney Savanna Maria Gain in court for Julie Schmelzer, Nate Bell, Denise Bhirdo, Kurt Harff, Louise Howson, Patrice Champeau, Lilly Orozco, Alison Werner, and Village of Sister Bay.
Court reviews events in file. Court questions if has been a denial of application. Discussion between parties. Atty Berg indicates requesting order to allow Petitioners to rent property until decision is made, makes statement. Atty Bitar makes statement.
Court makes statement, Plaintiffs can show village didn't comply with their own ordinances, obstructed remedies at law. Not inclined to grant injunction past the time the Village acts. Court grants injunction, until such time as there's a final decision, or determination that's appealable.
https://wcca.wicourts.gov/caseDetail.html?caseNo=2024CV000081&countyNo=15 (To view, complete the captcha or use the link at link at the top, if the captcha does not show up.)
The owners of Captain’s Cottage LLC are suing. They have hired Bjorn Johnson to be their attorney.
Johnson’s website: https://www.attorneybjornjohnson.com/
They also have three attorneys from the Wisconsin Institute for Law & Liberty (WILL). WILL is a nonprofit which provides pro bono legal representation for issues they consider to be in the public interest.
Luke N. Berg: https://fedsoc.org/contributors/luke-berg-1
A video of Berg appearing on Fox: https://www.youtube.com/watch?v=VkdpmUNZj84
Lucas Thomas Vebber: https://fedsoc.org/contributors/lucas-vebber
Vebber as a featured guest on a YouTube show: https://www.youtube.com/watch?v=xtAcdMMxVNg
Another video, from a time Vebber appeared on Fox: https://www.youtube.com/watch?v=-wj4VbcjccI
Richard Michael Esenberg: https://will-law.org/our-team/
Sister Bay has two attorneys, Remzy David Bitar and Savanna Maria Gain.
Remzy David Bitar: https://www.municipallawsc.com/our-attorneys
Savanna Maria Gain: https://www.linkedin.com/in/savanna-gain-228423191
Berg put out these two press releases about the lawsuit against Sister Bay:
https://will-law.org/door-county-judge-grants-temporary-relief-to-short-term-rental-owners-in-sister-bay/
https://will-law.org/door-county-village-cutting-short-term-renting-options-ahead-of-the-summer/
A press release, June 27, 2024, published on the WisPolitics website:
https://www.wispolitics.com/2024/will-door-county-judge-grants-temporary-relief-to-short-term-rental-owners-in-sister-bay/
Copy of the lawsuit: https://will-law.org/wp-content/uploads/2024/06/09-2024-06-20-Summons-and-Complaint-with-Exhibits-1.pdf
The notice of hearing was for June 26, 2024: https://will-law.org/wp-content/uploads/2024/06/20-2024-06-21-Notice-of-Hearing.pdf
An earlier injunction, dated June 21, 2024, which has since expired: https://will-law.org/wp-content/uploads/2024/06/19-2024-06-21-Signed-Temporary-Restraining-Order.pdf. This injunction is described in https://doorcountypulse.com/short-term-rental-owner-sues-sister-bay/.
Will this end up being another lengthy legal dispute?
Not only is WILL providing pro bono legal assistance with three well-motivated and politically savvy attorneys, Captain's Cottage LLC is an upscale operation. Its website, https://captainscottage.info/#b5b0a3cb-59b2-4501-8348-6ee22dd43b00 states “…we have a premium rate of $1369 per night, to stay at this one of a kind multi-million dollar waterfront property.”
From this it can be inferred that they will not be putting out a request for donations to help fund a legal defense.
Sister Bay likewise has deep enough pockets for spending on lawyers and court costs. Property tax and overall revenue have both increased: https://public.tableau.com/shared/GCFJPNS3S?:display_count=n&:origin=viz_share_link
Sister Bay has a relatively high per capita municipal debt, but per capita debt has improved since peaking in 2011: https://public.tableau.com/shared/4M5F4P8WC?:display_count=y&:origin=viz_share_link&:embed=y
This case could end up continuing for a long time, should the parties to the case decide to keep fighting. The second part of the litigation in Sojenhomer LLC v. Village of Egg Harbor, not including the condemnation review, took about 2 years and 7 months to complete. If this is likewise appealed up to the Wisconsin Supreme Court and accepted for a hearing it could take just as long. In that case it would be January 2027 by the time a decision is reached.
That timeframe assumes that the Wisconsin Supreme Court will be willing to hear it. Even if they are willing to accept it, I think they will find it less interesting than Sojenhomer.
Because Ann Walsh Bradley is retiring, the makeup of the court will be changed by the April 1, 2025 election. So far, Susan Crawford and Brad Schimel have announced their candidacy. Crawford should be expected to favor Sister Bay, while Schimel should be expected to favor Captain’s Cottage. There could also be others who will run for the seat, and it is too soon to try and make predictions who will win. Following the 2025 election, Rebecca Bradley’s term ends in 2026, further increasing the uncertainty surrounding this case.
Posts relating to short-term rentals
https://doorcounty.substack.com/t/short-term-rentals