HIGNELL-STARK v. CITY OF NEW ORLEANS

No. 21-30643.

46 F.4th 317 (2022)

Samantha HIGNELL-STARK; White Spider Rental Concierge, L.L.C.; Garett Majoue; Russell Frank; Samantha McRaney; Bob McRaney; Jimmie Taylor, Plaintiffs-Appellants/Cross-Appellees, v. The CITY OF NEW ORLEANS, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED August 22, 2022.


Attorney(s) appearing for the Case

Dawn Adams Wheelahan , Dawn Adams Wheelahan, for Plaintiffs-Appellants/Cross-Appellees.

Daniel T. Smith , City Attorney's Office for the City of New Orleans, New Orleans, LA, for Defendant-Appellee/Cross-Appellant.

Before Smith, Wiener, and Southwick, Circuit Judges.


This case involves three constitutional challenges to New Orleans's regulation of short-term rentals ("STRs")—the City's term for the type of lodging offered on platforms such as Airbnb and Vrbo. The district court granted summary judgment to the City on two of those challenges but held that the third was "viable...

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