Group will seek to prevent implementation of South Lake Tahoe’s Measure T in court Monday
A group seeking to stop Measure T will head to court Monday to try and get a temporary restraining order to pause the implementation of the measure.
The matter was originally slated to be heard Wednesday in South Lake Tahoe. However, recently-seated Superior Court Judge Michael McLaughlin recused himself from the case.
The announcement was made by the bailiff before a crowded courtroom of Measure T supporters and opponents. The announcement did not specify why McLaughlin, who previously served as a local attorney practicing real estate and other aspects of law, recused himself.
The case is now scheduled to be heard at 11 a.m. in department 7, which is located at 2850 Fairlane Court in Placerville.
The lawsuit was filed Tuesday by a group of property and business owners calling themselves the South Lake Tahoe Property Owners Group, the Tribune first reported. They are seeking a preliminary and permanent injunction barring the enforcement of Measure T.
That same day the city announced it was in the process of implementing Measure T, including newly established occupancy limits for vacation home rentals.
The city stated it would exercised discretion when it comes to enforcing the new occupancy limits.
“In an effort to accommodate previous VHR reservations, city staff will initially use discretion in enforcing the new maximum occupancy limits if VHR guests are responsible visitors and do not violate other VHR regulations by causing neighborhood disturbances,” states the press release. “City staff will continue this enforcement approach on a trial basis in the coming weeks and will adjust the enforcement strategy as needed in the future.”
Measure T was a citizen-driven initiative that asked voters if they wanted to ban VHRs in residential areas. The only exception is that full-time residents have the ability to rent out their home up to 30 days per year.
It passed by 58 votes.
The ban does not take effect for three years, but the new occupancy limits are currently in effect.