Frazier Law’s John Thorpe Secures Landmark Court of Appeals Win Protecting Short-Term Rental Rights Across Arizona

Frazier Law is proud to announce a significant appellate victory obtained by our Appellate Practice Chair, John Thorpe, in a case with sweeping implications for Arizona property owners, mobile-home park residents, and short-term rental operators.

In Oak Creek Hospitality v. City of Sedona, the Arizona Court of Appeals reversed the trial court and held that Sedona’s attempt to prohibit short-term rentals in a mobile home park flatly violates Arizona law. The ruling establishes important statewide protections and confirms that cities cannot sidestep Arizona’s Short-Term Rental Statute through zoning or land-use reclassifications.

John originally began litigating this case while serving as an attorney at the Goldwater Institute, where he built a record focused on defending property rights and preventing unlawful municipal overreach. When he joined Frazier Law to lead our Appellate Practice, he continued the fight with Goldwater attorneys on behalf of Oak Creek Hospitality.

John persuaded the panel that the plain text of Arizona’s Short-Term Rental Statute protects individual mobile home units (not just traditional, site-built houses) from local restrictions on short-term rental use. The Court agreed, grounding its conclusion in the statutory definition of a “house or dwelling unit” and multiple related provisions across Titles 9 and 33 of the Arizona Revised Statutes.  Because Sedona announced a blanket prohibition on using mobile homes as short-term rentals, the Court held the City’s position directly conflicted with state law and was therefore preempted. 

Why This Decision Matters to Property Owners Statewide

The Court’s opinion goes far beyond striking down Sedona’s policy. It provides statewide clarity that:

• Cities cannot prohibit or restrict short-term rental use of mobile homes simply because they are mobile homes;

• Municipalities must evaluate license applications under the specific criteria authorized by statute;

• Cities may not re-label otherwise lawful short-term rentals as “ineligible” based on zoning or land-use categories; and

• If a property meets the statutory definition of a dwelling unit, local governments have no authority to impose additional prohibitions or deny licenses on that basis.

This ruling closes the door on a common tactic cities have used to work around state preemption. Property owners and operators now have clear legal confirmation that municipalities cannot use creative interpretations or back-door regulations to suppress lawful short-term rentals.

The Court of Appeals also awarded attorney’s fees under the private attorney general doctrine, recognizing that this case conferred a substantial public benefit by ensuring uniform, statewide protection of property rights.

For Arizona property owners, real-estate investors, mobile-home park residents, and short-term rental operators, this ruling provides certainty in an area where cities have increasingly pushed the limits of their regulatory authority.

How Frazier Law Can Help Protect Your Rights

This victory exemplifies the depth of Frazier Law’s appellate advocacy. Under John Thorpe’s leadership, our Appellate Practice:

• Handles complex statutory and constitutional issues;

• Represents clients challenging government overreach;

• Offers innovative fee structures, including hybrid and alternative billing arrangements; and

• Works seamlessly with trial counsel to protect the record and position cases for success on appeal.

If you are a property owner, investor, or operator facing municipal restrictions—or if you want to understand how this decision may affect your rights—Frazier Law can help you evaluate your options and protect your interests. And if you’re involved in an appeal or have a high-stakes motion coming up in trial court, we would love to discuss how Frazier Law’s Appellate Practice can assist.

To schedule a consultation with John Thorpe or our Appellate Practice team, contact us.