KEARSARGE — In a decision delivered Thursday, the state Supreme Court said the Superior Court may take a second look at the case, Christopher Andrews and Kelly Andrews v. Kearsarge Lighting Precinct, in which a Massachusetts couple sued over their right to run a non-owner-occupied short-term rental in their Kearsarge property. The high court essentially said that the Superior Court erred when it denied the Andrewses the ability to challenge the “guest” provision of the KLP ordinance.

The high court did agree with the KLP on a number of other points such as rejecting the Andrewses various other claims including due process (including regarding KLP officials’ alleged bias), equal protection, selective enforcement, administrative gloss, and that KLP regulation amounted to a taking.

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