BELLINGHAM, WA (MyBellinghamNow.com) – A pair of property owners has taken legal action against the City of Bellingham over short-term rental restrictions.

Court documents state that Kathryn and J. Patrick Sutton own several properties within city limits.

That includes an accessory dwelling unit (ADU) on their main residential property in the Sehome neighborhood.

They purchased additional properties in the Birchwood and York neighborhoods, with the intention to turn them into short-term rentals. However, the city argues that the current and future ADUs aren’t attached to their respective main residences, which goes against a 2018 ordinance.

The ordinance adds that owners or tenants must reside within a short-term rental for at least 270 days, which the Suttons argue is unconstitutional.

The city filed a motion to dismiss the lawsuit last week, alleging that the case was too similar to another one filed by the couple in April.

A future court date has not been set, but the case has been reassigned to a new judge.