Siwinski v. Town of Ogden Dunes

949 N.E.2d 825, 2011 Ind. LEXIS 571, 2011 WL 2569288
CourtIndiana Supreme Court
DecidedJune 29, 2011
Docket64S03-1010-CV-599
StatusPublished
Cited by39 cases

This text of 949 N.E.2d 825 (Siwinski v. Town of Ogden Dunes) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siwinski v. Town of Ogden Dunes, 949 N.E.2d 825, 2011 Ind. LEXIS 571, 2011 WL 2569288 (Ind. 2011).

Opinions

DAVID, Justice.

The Town of Ogden Dunes sued the homeowners for a permanent injunction and monetary fines, alleging the home[827]*827owners’ short-term rental of their home was a violation of the town’s ordinance against commercial use of property.

Facts and Procedural History

Steven and Lauren Siwinski (the Si-winskis) own a home at 126 Shore Drive in Ogden Dunes, Indiana. According to the zoning maps, the house is located in an “R-Residential District” in the Town of Ogden Dunes (the Town). The Siwinskis advertised their home for rent on the internet website “Vacation Rentals By Owner,” utilizing the domain name VRB0.com. In April 2007, the Town Marshall sent a cease and desist letter advising the Si-winskis that renting their property is prohibited by the Ogden Dunes Zoning Ordinances and further advising them that their failure to immediately stop any rental activity would result in enforcement of the ordinances. Nonetheless, on five separate occasions in 2007, the Siwinskis rented their home to people who had contacted them via the website and contracted for stays of between two and eleven days. The Siwinskis rented their home from June 26, 2007, through June 28, 2007; again from July 10, through July 17; again from July 28, through August 5, again from August 7, through August 13; and from August 15, through August 26. Rental agreements between the Siwinskis and the five renters were signed between May 15 and May 26, 2007.

In August 2007, the Town filed suit against the Siwinskis for violating Chapter 152 of the Town Code, specifically ordinance section 152.032. In April 2009, both the Siwinskis and the Town filed separate motions for summary judgment.1 Thereafter, the trial court heard arguments from each side on the motions. In June 2009, the trial court entered its order denying the Siwinskis’ motion for summary judgment and granting the Town’s motion for summary judgment and injunctive relief. In August 2009, the trial court heard arguments on the issue of monetary fines and that day entered judgment against the Si-winskis in the amount of $40,000 plus costs, plus interest at the rate of 8% per annum. In March 2010, the Court of Appeals reversed the trial court’s decision and remanded with instructions that the trial court enter summary judgment in favor of the Siwinskis. We granted transfer. We hold the Siwinskis impermissibly rented their dwelling in violation of the Town’s ordinances. We further hold the fine for violating this ordinance should not have exceeded $32,500. We remand to the trial court to enter judgment against the Siwinskis and to impose a fine of not more than $32,500.

I. Summary Judgment

When we review a trial court’s decision to grant or deny summary judgment, we apply the same standard as the trial court. Bank of New York v. Nally, 820 N.E.2d 644, 648 (Ind.2005). We must decide if there is a genuine issue of material fact and if the moving party is entitled to judgment as a matter of law. Ind. Trial Rule 56(C); Carie v. PSI Energy, Inc., 715 N.E.2d 853, 855 (Ind.1999). If the parties have filed cross-motions for summary judgment, then we consider each motion individually to determine if the moving party is entitled to summary judgment, while construing the facts most favorably to the nonmoving party in each matter. Young v. City of Franklin, 494 N.E.2d 316, 317 (Ind.1986). The review of summary judgment is limited to the materials designated to the trial court. Ind. T.R. 56(H); Fraternal Order of Police, Lodge [828]*828No. 73 v. City of Evansville, 829 N.E.2d 494, 496 (Ind.2005). In resolving the matter, the Court will accept as true the facts established by evidence in favor of the nonmoving party while resolving all doubts against the moving party. Nally, 820 N.E.2d 644, 648 (Ind.2005).

Whenever, as here, the facts are not in dispute and our only duty is the interpretation of an ordinance, the appeal presents a pure issue of law reserved for the courts. Story Bed & Breakfast, LLP v. Brown County Area Plan Comm’n, 819 N.E.2d 55, 65 (Ind.2004). When the issue on appeal is a pure question of law, we review the matter de novo. State v. Moss-Dwyer, 686 N.E.2d 109, 110 (Ind.1997).

II. Ordinance

No issue of material fact exists between the Siwinskis and the Town. The ordinances are our sole focus in deciding this dispute. The ordinance at issue defines permitted uses in a Residential District as follows:

In an R District, no building or premises shall be used and no building shall be erected which is arranged, designed or intended to be used for other than one or more of the following specified uses: (1) single-family dwellings; (2) accessory buildings or uses; (3) public utility buildings; (4) semi-public uses; (5) essential services; (6) special exception uses permitted by this Zoning Code.2

Town Code of the Town of Ogden Dunes, Indiana § 152.032(B).

A single-family dwelling is defined as, “A separate detached building designed for and occupied exclusively as a residence by one family.” Id. § 152.002. This Court uses the same methodology to interpret ordinances as it does to interpret statutes. 600 Land, Inc. v. Metro. Bd. of Zoning Appeals of Marion County, 889 N.E.2d 305, 309 (Ind.2008). The first step in statutory interpretation is determining if the legislature has spoken clearly and unambiguously on the point in question. Rheem Mfg. Co. v. Phelps Heating & Air Conditioning, Inc., 746 N.E.2d 941, 947 (Ind.2001). If a statute is clear and unambiguous on its face, no room exists for judicial construction. Poehlman v. Feferman, 717 N.E.2d 578, 581 (Ind.1999). However, if a statute contains ambiguity that allows for more than one interpretation, it opens itself up to judicial construction to effect the legislative intent. Amoco Prod. Co. v. Laird, 622 N.E.2d 912, 915 (Ind.1993).

If possible, every word must be given effect and meaning, and no part should be held to be meaningless if it can be reconciled with the rest of the ordinance. Spaulding v. Int’l Bakers Serv., Inc., 550 N.E.2d 307, 309 (Ind.1990). We are not at liberty to construe a facially unambiguous statute. Superior Constr. Co. v. Carr, 564 N.E.2d 281, 284 (Ind.1990). However, if ambiguity exists, it is then open to construction to effect the intent of the legislature. P.B. v. T.D., 561 N.E.2d 749, 750 (Ind.1990).

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Bluebook (online)
949 N.E.2d 825, 2011 Ind. LEXIS 571, 2011 WL 2569288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siwinski-v-town-of-ogden-dunes-ind-2011.