No Vested Right to do STR’s if Prior Use was Illegal

In Johnston v. City of Hermosa Beach, Cal: Court of Appeal, 2nd Appellate Dist., 5th Div. 2018 the Court ruled:

Plaintiffs argued the ordinance was unconstitutional because it (1) violated the Coastal Act; (2) banned commercial speech (i.e., advertising residences for STVR use); and (3) deprived them of a vested right to use their properties for nonconforming commercial purposes in a residential zone and generate income.

The trial court engaged in a two-part analysis and denied the request for a preliminary injunction. It issued an amended written order on October 17, 2016. The trial court first determined plaintiffs did not establish a probability of prevailing on the merits of any of their theories, specifically finding:

3. Plaintiffs had no constitutionally protected vested rights because the pre-Ordinance use of their properties as STVR’s was not legal or permitted.

 

Note:  This is an “unpublished opinion” and is not precedent, however the reasoning is likely to be used as to these particular points in future litigation.  And, 2) the Court cites a New York case, thereby strengthening the argument that the New York action is relevant to Monterey County.