VERO BEACH — Judge Cynthia Cox ruled Wednesday that a short-term vacation rental owner in the City of Vero Beach would not be granted an injunction against the city, which would stop city police and code enforcers from ticketing owners who rent for less than 30 days.
The week before, Chuck Fitz, who owns and rents out three homes in Central Beach for any length of time between one month to one week, asked the Court to stop issuing the $500 citations and grant a temporary injunction.
But calling a temporary injunction “an extraordinary remedy … granted sparingly,” Cox refused to issue one, saying that Fitz had to show irreparable financial harm to get an injunction. Because he would be “adequately compensated by money damages” if he wins his case against the city, Cox ruled, he had not shown irreparable harm.
Fitz sued the city in early April saying that the local ordinance forbidding short-term rentals of under 30 days was “preempted by state law,” which allowed the rentals for a shorter period of time.
Cox has not granted a Monday motion from the city to dismiss Fitz’s case, and the case, to date, continues based on the merits.
