Styller v. Aylward

2018 WL 4502015 (2018)

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Nature of the Case

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Facts

Styller (P) is the owner of a large single-family home in a quiet residential neighborhood. P lists the home for short-term rental on the AirBnB and other websites. P's practice is to rent his house whenever possible, with him and his family going to his parents' home or a nearby hotel until his renters leave. He charges between S1,000 and $2,740 a night for the house, and past rentals have been for business conferences, board meetings, photoshoots, and family reunions. P rented his house for a three-day stay to Mr. Woody Victor and 'five guests.' P met Victor for the first time and gave him the house key. None of the websites make any representations or warranties about the renters who make arrangements through their platforms. P received $6,418 for the rental. For the next 3 days, Victor had sole and exclusive possession of the house. Victor's actual plan was to hold a large party lasting far into the night, and ultimately over 100 people came to the house for the party. One of them Kevin Heath, was shot and killed by another attendee around 3:00 am. The identity of the killer is still unknown. The town of Lynnfield issued and served a cease and desist order prohibiting further short term rentals without a special permit. P appealed the cease and desist order to the zoning board which affirmed it. P timely appealed the board's decision to this court. Subsequent to the filing of that appeal, Lynnfield amended its bylaw to prohibit rentals of thirty days or less in single residence districts. P contends that short term rentals were permitted as of right by the pre-amended bylaw, and thus that he has a 'grandfathered' right to continue them.