Siwinski v. Town of Ogden Dunes

Steven and Lauren Siwinski, homeowners in the town of Ogden Dunes, rented their home despite receiving a cease and desist letter advising them that that rentals were prohibited by the town zoning ordinances. The town filed suit against the Siwinskis for violating town ordinances. Both parties moved for summary judgment, and the trial court granted the town's motion for summary judgment and injunctive relief. The trial court entered judgment in favor of the town in the amount of $40,000. The court of appeals reversed and remanded with instructions that the trial court enter summary judgment in favor of the Siwinskis. On transfer, the Supreme Court affirmed the trial court's granting of summary judgment in favor of the town, holding that the Siwinskis impermissibly rented their dwelling in violation of the town's ordinances. The Court then held that the fine for violating this ordinance should not have exceeded $32,500. Remanded.