City attorney confirms Wilmington will not appeal short-term rental decision

City attorney confirms Wilmington will not appeal short-term rental decision
Published: May. 2, 2022 at 9:15 AM EDT
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WILMINGTON, N.C. (WECT) - Wilmington’s legal counsel confirmed the city is not planning to appeal an order by the N.C. Court of Appeals that stripped the registration requirements, registration fees, and separation caps for short-term rentals in the city.

“The city has decided it will not take further appellate action in this matter,” Assistant City Attorney Shawn Evans said.

This means homeowners can rent their homes as they see fit, without having to pay a fee or register with the city. But more importantly, homeowners no longer have to adhere to the 400-foot separation which was put in place to limit the number of rentals in the city.

This puts an end to a nearly four-year legal battle between a homeowner and the City of Wilmington. On Tuesday, the City Council will vote on a measure that will return fees paid by homeowners who paid them over the years. This will total more than $500,000, and includes interest accrued over the years.

On Monday morning a city attorney offered council a breakdown of the decision, but since the Court of Appeals ruled unanimously on their order, the city does not have a right to an automatic appeal with the State Supreme Court.

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