Lake Tahoe Taxpayers Association

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Measure T Overturned

Breaking News!!
Court Overturns Measure T in South Lake Tahoe
South Lake Tahoe, CA – March 13, 2025 – In a significant legal development, the El Dorado County Superior Court has overturned Measure T, the voter-approved initiative that sought to restrict vacation home rentals (VHRs) in residential zones within South Lake Tahoe.

Measure T, passed in November 2018 by a narrow margin, aimed to phase out VHRs in residential areas by December 31, 2021, while permitting them in designated commercial zones and the Tourist Core Area. The measure also included an exception allowing permanent residents to rent their properties on a short-term basis for up to 30 days per year.

The South Lake Tahoe Property Owners Group challenged Measure T’s constitutionality shortly after its enactment, arguing that it infringed upon property rights and discriminated against non-resident property owners. In June 2023, the California Court of Appeal for the Third Appellate District upheld the city’s authority to ban VHRs in residential zones but raised concerns about the measure’s exception for permanent residents, suggesting it might violate the dormant Commerce Clause by favoring local residents over out-of-state property owners.

The appellate court remanded the case to the El Dorado County Superior Court to address these specific concerns. After thorough deliberation, the lower court concluded that the permanent resident exception was indeed unconstitutional and that this provision could not be severed from the rest of the measure, leading to the invalidation of Measure T in its entirety.

This ruling reinstates the possibility for property owners to obtain VHR permits in residential zones, effectively reverting to the regulatory framework that existed prior to Measure T’s adoption. Additionally, legal experts suggest that this decision could open the door for potential lawsuits against the City of South Lake Tahoe, as affected property owners may seek damages for lost rental income and other financial impacts resulting from the now-overturned restrictions.

City officials are currently reviewing the court’s decision to determine the appropriate course of action. Updates and further information will be provided as they become available. (Author unknown.)

ENTER HERE

Veterans Day Celebration 2024 American Legion Post 795

Vibrant not Vacant criminal conduct:

Unlawfull use of Voter Registration Informaion Download

The final decision in the San Francisco Prop M Vacancy Tax Case October 31, 2024

As it stands now, the residential vacancy tax is no longer in effect. The city will appeal the decision and debate will continue.

Owners in this property category now don’t need to file or pay any fees to the city. I’ll keep you updated on any future developments.

Prop M – Plaintiffs Mot for Summ Judg FINAL Download

Subject: Basics of San Fran Court ruling

To: Chamber Board of Directors, media and interested citizens:

The Court in San Francisco ruled this week against that City on Measure M granting the plaintiff’s summary judgement. That measure is similar to our Measure N enough that it is obvious that Measure N would face a similar fate. That City will most likely appeal. The basics of the judge’s ruling were just as we had pointed out about Measure N. The basics of the ruling are as follows:

1. The Takings and Due Process Clauses of the Constitution Bar the City from Forcing Property Owners to Rent Out Their Property, and the City Cannot Indirectly Coerce the Same Result by Burdensome Taxation.

2. Prop M Is Also Preempted by the Ellis Act.

3. Proposition M Unconstitutionally Disadvantages a Property-Owner’s Choice to Use His or Her Property to House Family Members, in Violation of Due Process and Equal Protection.

4. Proposition M Also Unlawfully Burdens Constitutionally Protected Privacy Interests.

It is unfortunate that our community has been divided against itself over a measure that never should have been started in the first place.

Duane Wallace CEO

Letter_ It is still not the time for Measure N _ South Lake Tahoe – SouthTahoeNow.com Download