By Jamie A. Hope
Michigan Capitol Confidential
Park Township property owners have lost a lawsuit in Ottawa County Circuit Court over the township’s ban on short-term rentals.
But they plan to appeal and possibly file a federal lawsuit, according to Jeremy Allen, president of the nonprofit Park Township Neighbors.
The judge ruled that emailed statements from zoning administrators aren’t legally binding.
“Zoning administrators and Township employees do not have the authority to enact or modify ordinances, only the Township Board may enact ordinances and the ZBA has final administrative interpretation of zoning ordinances,” Judge Jon H. Hulsing concluded. “The ZBA did not err.”
Kyle Konwinski, lawyer for Park Township Neighbors, told Michigan Capitol Confidential in a telephone interview that the court’s opinion drew an incorrect inference from arguments about the legal definition of the word “motel.”
“The judge presented a hypothetical version of the motel definition drawn from one sentence of the 1974 ordinance,” said Konwinski.
Hulsing described a motel as any building providing lodging for compensation on a transient basis. In court he asked Konwinski whether that description would include a short-term rental.
Konwinski agreed that, based on that sentence alone, it would.
The judge later cited this exchange as the Park Township Neighbor’s lawyer admission that short-term rentals were classified as motels under the 1974 ordinance.
Konwinski disputed that interpretation. He said the judge’s hypothetical omitted a sentence that describes motels as buildings “designed for or occupied by automobile travelers.”
Konwinski told CapCon that the township has never interpreted the 1974 ordinance to include short-term rentals. He argued in court that the historical record showed township officials believed only one or two motels existed in 1974, even though vacation rentals were common at the time. The ordinance, he said, did not classify short-term rentals as motels when it was written.
The judge, however, concluded that the 1974 ordinance banned short-term rentals because they fit the definition of a motel.
Konwinski said numerous township officials stated on the record as far back as 2018 that there is no regulation of short-term rentals and that they are not unlawful.
“We do not currently regulate rentals, either long term or short term” said Ed DeVries, zoning administrator, in a July 2018 email. “If it were a zoning ordinance change, it would be grandfathered.”
DeVries also wrote that even if the township board changed the zoning ordinance, existing short-term rentals would continue to operate. No new rentals would be allowed in residential areas, however.
“Park Township does not have short-term rental regulations,” said Emily , another zoning administrator for Park Township wrote in an email to township manager Howard Fink in March 2020.
Fink himself reiterated that there was no regulation in April 2020.
“We have no regulations on short-term rentals and there has been no policy to regulate it from the board,” the township manager stated in an April 2020 email.
The board amend the zoning ordinance in March 2024 to prohibit rentals. But homeowners who brought the lawsuit say that short-term rental housing that existed before the amendment should be grandfathered.
Konwinski intends to appeal the case to the Michigan Court of Appeals. A federal lawsuit, he said, could be filed on the grounds that the 51-year-old ordinance is unconstitutionally vague, contrary to the U.S. Constitution’s due process clause.
The township did not respond to a request for comment.
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Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
Michigan Capitol Confidential
Park Township property owners have lost a lawsuit in Ottawa County Circuit Court over the township’s ban on short-term rentals.
But they plan to appeal and possibly file a federal lawsuit, according to Jeremy Allen, president of the nonprofit Park Township Neighbors.
The judge ruled that emailed statements from zoning administrators aren’t legally binding.
“Zoning administrators and Township employees do not have the authority to enact or modify ordinances, only the Township Board may enact ordinances and the ZBA has final administrative interpretation of zoning ordinances,” Judge Jon H. Hulsing concluded. “The ZBA did not err.”
Kyle Konwinski, lawyer for Park Township Neighbors, told Michigan Capitol Confidential in a telephone interview that the court’s opinion drew an incorrect inference from arguments about the legal definition of the word “motel.”
“The judge presented a hypothetical version of the motel definition drawn from one sentence of the 1974 ordinance,” said Konwinski.
Hulsing described a motel as any building providing lodging for compensation on a transient basis. In court he asked Konwinski whether that description would include a short-term rental.
Konwinski agreed that, based on that sentence alone, it would.
The judge later cited this exchange as the Park Township Neighbor’s lawyer admission that short-term rentals were classified as motels under the 1974 ordinance.
Konwinski disputed that interpretation. He said the judge’s hypothetical omitted a sentence that describes motels as buildings “designed for or occupied by automobile travelers.”
Konwinski told CapCon that the township has never interpreted the 1974 ordinance to include short-term rentals. He argued in court that the historical record showed township officials believed only one or two motels existed in 1974, even though vacation rentals were common at the time. The ordinance, he said, did not classify short-term rentals as motels when it was written.
The judge, however, concluded that the 1974 ordinance banned short-term rentals because they fit the definition of a motel.
Konwinski said numerous township officials stated on the record as far back as 2018 that there is no regulation of short-term rentals and that they are not unlawful.
“We do not currently regulate rentals, either long term or short term” said Ed DeVries, zoning administrator, in a July 2018 email. “If it were a zoning ordinance change, it would be grandfathered.”
DeVries also wrote that even if the township board changed the zoning ordinance, existing short-term rentals would continue to operate. No new rentals would be allowed in residential areas, however.
“Park Township does not have short-term rental regulations,” said Emily , another zoning administrator for Park Township wrote in an email to township manager Howard Fink in March 2020.
Fink himself reiterated that there was no regulation in April 2020.
“We have no regulations on short-term rentals and there has been no policy to regulate it from the board,” the township manager stated in an April 2020 email.
The board amend the zoning ordinance in March 2024 to prohibit rentals. But homeowners who brought the lawsuit say that short-term rental housing that existed before the amendment should be grandfathered.
Konwinski intends to appeal the case to the Michigan Court of Appeals. A federal lawsuit, he said, could be filed on the grounds that the 51-year-old ordinance is unconstitutionally vague, contrary to the U.S. Constitution’s due process clause.
The township did not respond to a request for comment.
—————
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.
West Grad Accepted into Albion Medical Program
Albion College has announced the the acceptance of a local high school graduate to one of its programs of distinction. These programs offer enhanced instruction, experiential learning opportunities, and focused career preparation in pre-medical studies, public policy, business, environmental studies, social change, professional education, and the liberal arts.
Carter Thoreson of Zeeland, a first-year student at Albion, has joined the Lisa and James Wilson Institute for Medicine. Thoreson is a graduate of Zeeland West High School.
Albion is a private liberal arts college of approximately 1,500 students and is nationally recognized for its academic excellence in the liberal arts tradition, a learning-centered commitment, and a future-oriented perspective. The college is a leader in preparing students to anticipate, solve, and prevent problems in order to improve the human and global condition.
Albion immerses students in the creation and processing of knowledge, and graduates skilled architects of societal change, active citizens, and future leaders. The college is dedicated to the highest quality in undergraduate education and is committed to diversity as a core institutional value.
Carter Thoreson of Zeeland, a first-year student at Albion, has joined the Lisa and James Wilson Institute for Medicine. Thoreson is a graduate of Zeeland West High School.
Albion is a private liberal arts college of approximately 1,500 students and is nationally recognized for its academic excellence in the liberal arts tradition, a learning-centered commitment, and a future-oriented perspective. The college is a leader in preparing students to anticipate, solve, and prevent problems in order to improve the human and global condition.
Albion immerses students in the creation and processing of knowledge, and graduates skilled architects of societal change, active citizens, and future leaders. The college is dedicated to the highest quality in undergraduate education and is committed to diversity as a core institutional value.
West Michigan Economy ‘Softening,’ GVSU Data Shows
As 2025 comes to a close, West Michigan’s economy shows signs of continued “softening,” according to data collected by a Grand Valley State University researcher.
Brian Long, director of supply chain management research at Grand Valley’s Seidman College of Business, said his monthly survey of the region’s purchasing managers and firms points to ongoing strain in the industrial sector.
“Adding up our survey data for November for the West Michigan industrial economy, it was kind of disappointing to see a sharp drop in new orders, which we also call our index of business improvement,” Long said.
“Our production index also took a sharp downturn, as did several of our other measures. Now one month does not make a trend, but we need to keep a closer watch on all of our statistics going forward.”
Long added that other economic indicators are equally concerning. Michigan’s unemployment rate ranks third highest in the nation, trailing only California and Nevada, and his index of business confidence flipped to negative in November amid rising pessimism and uncertainty surrounding tariffs.
“The navigation of all these tariffs is taking a toll on some of our people, as is the news cycle, which tends to be somewhat negative right now,” Long said.
“For the firms that have to import a lot of their production materials, they are getting squeezed in both directions. The costs are rising, and they often can't get the seller to pick up even part of the tab.”
Here’s a look at the key index results from November’s survey of West Michigan purchasing managers:
• New orders index (business improvement): -20 vs. -4 in October
• Production index (output): -23 vs. +4 in October
• Employment index: -22 vs. +2 in October
• Lead times index: +4 vs. -4 in October
More information about the survey and an archive of past surveys are available on the Seidman College of Business website at gvsu.edu/supplychainmgt/purchasing-managers-index-survey-2.htm.
Brian Long, director of supply chain management research at Grand Valley’s Seidman College of Business, said his monthly survey of the region’s purchasing managers and firms points to ongoing strain in the industrial sector.
“Adding up our survey data for November for the West Michigan industrial economy, it was kind of disappointing to see a sharp drop in new orders, which we also call our index of business improvement,” Long said.
“Our production index also took a sharp downturn, as did several of our other measures. Now one month does not make a trend, but we need to keep a closer watch on all of our statistics going forward.”
Long added that other economic indicators are equally concerning. Michigan’s unemployment rate ranks third highest in the nation, trailing only California and Nevada, and his index of business confidence flipped to negative in November amid rising pessimism and uncertainty surrounding tariffs.
“The navigation of all these tariffs is taking a toll on some of our people, as is the news cycle, which tends to be somewhat negative right now,” Long said.
“For the firms that have to import a lot of their production materials, they are getting squeezed in both directions. The costs are rising, and they often can't get the seller to pick up even part of the tab.”
Here’s a look at the key index results from November’s survey of West Michigan purchasing managers:
• New orders index (business improvement): -20 vs. -4 in October
• Production index (output): -23 vs. +4 in October
• Employment index: -22 vs. +2 in October
• Lead times index: +4 vs. -4 in October
More information about the survey and an archive of past surveys are available on the Seidman College of Business website at gvsu.edu/supplychainmgt/purchasing-managers-index-survey-2.htm.
