It's been an ongoing debate for nearly a year and now Rockingham County may withdraw from the Massanutten short-term rentals lawsuit. County Attorney Chris Brown says a recent Supreme Court ruling involving short-term rentals in Smith Mountain Lake changes the interpretation of the county's zoning laws.
On June 8, the Virginia Supreme Court overturned a Bedford County Circuit Court decision to prohibit short-term rentals in Smith Mountain Lake. Rockingham County Attorney Chris Brown says this ruling changes the interpretation of the county's zoning laws. County Zoning Administrator Diana Stultz had previously ruled short-term rentals in single family homes constituted a zoning violation.
The Supreme Court ruled that the term "residential" includes weekend and short-term rentals. Brown says if the Smith Mountain Lake case would have existed when Stultz made her ruling, her interpretation would have been different. Brown says the county is intending to make a consent order with the attorney for property owners Eric and Kimberly Pisk, to terminate the case.
Massanutten Resident Gene Hauze made the initial complaint against the Pisks and he's not happy the county may back down. "You gotta stand up and fight for the residents and it just seems like the county is just giving up, quitting and that's a heck of a signal to send to the county residents," says Hauze.
He argues that the county's case is about zoning and that the Supreme Court ruled on covenants. "The Smith Mountain Lake case the Supreme Court ruled that the covenants were ambiguous, meaning they weren't clear, the zoning laws are much clearer," says Hauze.
Hauze adds that what is also clear is why he made the initial complaint. "It's a matter of knowing who your neighbors are and you just don't because they're just coming in and out," says Hauze.
The issue is still far from over, Hauze says he will continue with the lawsuit to stop short-term rentals by using the covenants of Massanutten.