First hearing to be held in Conway rental case

CONWAY — A hearing in the lawsuit that the Mt. Washington Valley Association for Responsible Vacation Rentals, a group of short-term rental supporters and owners, filed against the town will be heard in Belknap Superior Court on Sept. 23.

The association’s co-plaintiff is White Mountain Properties LLC of Medford, Mass., which owns several rental properties in Conway.

White Mountain Properties belongs to Jerry and James Decristofaro, according to the New Hampshire of Secretary of State’s Office. Jerry is a past president of the renters association. James is Jerry’s son.

The association’s legal representation is by Richard Driscoll and Matt Johnson of Devine Millimet and Branch.

Johnson wants the court to determine that the town’s rental inspection program was passed without legal authority from the state. He also wants the court to prohibit the town from enforcing the program with a preliminary and permanent injunction.

“Besides this action, the only way they can challenge the illegal rental licensing scheme is to violate the town’s ordinance and seek appellate review of penalties they suffer,” said the association’s lawyers.

“The plaintiffs are likely to succeed on the merits. The town lacks statutory authority to implement its comprehensive licensing scheme, and its inspection requirements plainly violate Part I, Articles, 2, 2b, 12, and 19 of the New Hampshire Constitution. Accordingly, the court should enjoin (prevent) the town from enforcing its licensing scheme for the duration of this litigation.”

The hearing will take place at Belknap Superior Court in Laconia at 9 a.m. The court’s notice of hearing doesn’t name the judge who will be presiding.

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The hearing will deal with questions of scheduling and administrative issues, but also the association will be asking for a preliminary injunction prohibiting Conway from continuing to enforce the ordinance pending the outcome of the case.

The Sun incorrectly reported last week that the case would be heard in the state’s land use docket where other rental cases have been heard.

According to Johnson, the case was originally scheduled in Carroll County Superior Court but since Mark Attorri, the Judge in Carroll County, was a colleague of Johnson it was moved to Belknap to avoid any conflict of interest.

The reason it won’t be in the Land Use Court in Manchester is that the case was about constitutionality of Conway’s Ordinance, not Conway’s zoning, said Johnson.

The association is to have the town served by Sept. 13. By Sept 20, the association is to confirm to the court that service is made. By Sept 23, the town is to file a notice of which lawyers will represent it. Thirty days after service, the town is to file its answer to the lawsuit.

Association President David Cavanaugh said in a statement to the Sun that the association was reluctant to go to court.

“Nobody wants to go to court, but we made it clear in a 2.5-hour meeting on May 12, 2023, with Assistant Town Manager Paul Degliangeli that warrantless searches of residential properties were unacceptable. Under New Hampshire and federal law, there are clear constitutional and legal protections for private property rights,” said Cavanaugh. “Conway’s rental inspection program has brought together long- and short-term landlords and local renters who feel the town’s plan is invasive. This is no longer about the safety of our guests and tenants; it is about government overreach.”