SNOW HILL – A Worcester County District Court judge last week dismissed a case related to an unlicensed short-term rental property in Berlin.
On Friday, Aug. 11, Worcester County District Court Judge Gerald Purnell dismissed a case against Bryan Brushmiller related to an unlicensed short-term rental in Berlin. As a result, Brushmiller will not have to pay the more than $5,000 in fines he received from operating his short-term rental on Main Street without a license.
“The long and short of it was although the ordinance was being violated it no longer is so Judge Purnell perceived the problem was over,” said David Gaskill, the town’s attorney.
In late May, the town issued Brushmiller two citations related to operating his short-term rental, what was known as the “Brew House on Main” without a license. In 2022, the town passed an ordinance regulating short-term rentals that requires them to be licensed and inspected as well as operated only in dwellings that are a property owner’s primary residence in the residential zoning district.
Brushmiller, whose rental application was not approved, was fined after numerous residents voiced complaints about the Main Street property. Dave Engelhart, the town’s planning director, issued him two citations for renting without a license. The town’s short-term rental ordinance sets the fine for renting without a license at $600 a day. Brushmiller was fined $2,400 for one violation and $3,000 for another.
When issued the citations, however, Brushmiller elected to appear in Worcester County District Court. When the case was heard by Purnell last Friday, Engelhart and Gaskill said the judge believed the issue was addressed by the tact that Brushmiller was no longer renting his property on a short-term basis.
“Judge Purnell concentrated on had the activity stopped and it had,” Engelhart said.
Aside from this issue, Engelhart said the new short-term rental licensing program was running smoothly. He said there were 10 licensed, legally operating rental properties and a few other applications were still being reviewed.
