Today, the Fifth Circuit Court of Appeals announced their ruling in favor of the Texas Public Policy Foundation’s clients, producing a significant legal triumph in the case of Marfil v. New Braunfels. In a 2-1 opinion the court recognized the right of Rafael Marfil and others to present their arguments and supporting evidence in a full record, allowing for a fair examination of the city’s unsubstantiated claims regarding short-term rentals.
The Marfil v. New Braunfels case involved homeowners seeking to exercise their property rights by utilizing their residences for short-term rental purposes. However, the City of New Braunfels has banned these clients from using their homes as short-term rentals despite numerous studies showing that short term rentals do not produce more nuisances than other uses of property.
The recent ruling from the Fifth Circuit Court of Appeals affirms the fundamental principle that property rights cannot be infringed based on the mere statements or animus of government officials. The court recognized that the homeowners’ rights to utilize their properties for short-term rentals are protected by the Constitution.
“This victory is a testament to the dedication and commitment of Texas Public Policy Foundation to protecting individual liberties and promoting fairness within our legal system,” said Chance Weldon, Director of Litigation at TPPF. “We firmly believe in upholding property rights and ensuring that citizens have the opportunity to present their case with evidence and facts. The ruling from the Fifth Circuit Court of Appeals is a significant step forward in safeguarding these rights for homeowners across the state.”
Texas Public Policy remains steadfast in its mission to defend property rights and advocate for individual freedoms. The organization will continue to provide free legal support and expertise to individuals facing undue restrictions on their property use. This victory is just the latest in TPPF’s defense of the Constitution.