Burton v. Glynn County

At the heart of these consolidated appeals and cross-appeals is the question of whether property owners are violating a zoning ordinance by operating their property as an event venue. For the reasons set forth below, we conclude that the trial court properly found that the owners were violating the ordinance and that the court properly issued a declaratory judgment to that effect. Accordingly, we affirm the first of the two trial court orders before us in its entirety, and we affirm the second of the two orders except in one respect, as explained below.

Thomas and Lee Burton own an oceanfront property in the East Beach area of St. Simons Island. The property is situated within a single-family residential zoning district classified as “R-6″ under the Glynn County Zoning Ordinance. After the completion of a large, lavish home on the property in 2008, the Burtons began offering the property, known as Villas de Suenos,1 as a short-term vacation rental. Over the next few years, Villa de Suenos became increasingly popular as a venue for weddings and other large gatherings; from 2010 through May 2013, at least 79 events were held at the property, with many exceeding 100 guests.2 In print and online media, Villa de Suenos was described as “perfect for weddings” and touted as “St. Simon’s Island’s premier wedding destination”; its website featured scores of photographs of weddings held at the property. Guests who booked Villa de Suenos were furnished with a list of preferred caterers, photographers, florists, wedding planners, and other similar vendors.