City of Pacific Grove Attorney Dave Laredo advises this morning, May 11, 2018, Judge Anderson presided over a hearing on the motion for preliminary injunction filed by Petitioners Strongpg, Joy Colangelo, Kevin Delaney, William Harder, Alka Joshi, and Spencer Tall (Petitioners). They sought to enjoin the City from implementing the new restrictions on short-term rental (STR) licensing, including the Lottery, pending a trial on the merits of the petition.

To obtain a preliminary injunction, a moving party must show 1) a likelihood of success on the merits; and 2) irreparable harm. Judge Anderson found Petitioners failed to demonstrate a likelihood of success on the merits, and denied the motion.

Judge Anderson emphasized that land use regulations, including the power to zone, involve the exercise of the sovereign’s police power. A government may not contract away its right to exercise the police power in the future. Further, property ownership rights, reserved to the individual by constitutional provision, must be subordinated to the rights of society.

A case management conference is scheduled for July 31, 2018, at which time Judge Anderson will likely set the matter for trial.

Based upon the pleadings filed by the parties, and oral argument, Judge Anderson ruled in favor of the City. Based on this ruling, the STR License lottery will proceed on May 22 as planned.