Donald Trump's Residency at Mar-a-Lago
President Donald Trump's Mar-a-Lago resort is seen on November 1, 2019 in Palm Beach, Florida. President Trump announced that he will be moving from New York and making Palm Beach, Florida his permanent residence. Joe Raedle/Getty Images

The town attorney for Palm Beach is backing former President Donald Trump's residency at the Mar-a-Lago Club. In a memorandum submitted to Town Council, Town Attorney John C. Randolph said no local codes could hinder the former president from living permanently in his private club and golf resort.

Randolph argued that the town zoning code allows Donald Trump to live at the club if he is a bona fide employee. Randolph also submitted the memorandum to Palm Beach Mayor Gail L. Coniglio, Fox News reported.

"If he is a bona fide employee of the Club, absent a specific restriction prohibiting former President Trump from residing at the Club, it appears the Zoning Code permits him to reside at the Club," Randolph said in a The Hill report.

Randolph's recommendation comes as some neighbors argued that Trump is a club member who should be prohibited from living at the club under the 1993 agreement's terms.

Donald Trump moved to Mar-a-Lago after he left the White House last Jan. 20. The state dubbed the club as "the Winter White House" during Trump's presidency.

Arguments of Palm Beach Residents

Some Palm Beach residents argued that Donald Trump signed an agreement in the early 1990s and pledged not to convert Mar-a-Lago into a residential hotel. Trump was a real estate developer on the shaky financial ground at the time, according to a Daily Mail report.

In a letter to the town and U.S. Secret Service last December, the DeMoss family said the 1993 agreement showed that Trump had no legal right to reside at the club as it specifically prohibits guest stays from exceeding seven consecutive days and 21 days a year.

The DeMoss family is a Mar-a-Lago's next-door neighbor. As part of the agreement, Trump was also required to ensure that at least half of Mar-a-Lago members live or work in Palm Beach. The club was also not allowed to have over 500 members.

Back in 1993, Trump's attorney noted that Donald Trump did say he would not live at the club, but it was not specified in the deal, according to The Hill report.

Recently, Trump's attorney John B. Marion said that Trump is an employee of the club, so the agreement does not pertain to him.

"President Trump is the president of Mar-a-Lago Club LLC (the legal owner of MAL), and as a corporate officer oversees the property. He is therefore a bona fide employee within the express terms of the Town's Zoning Code," Marion said in a The Hill report.

Thus, if Trump is considered a Mar-a-Lago employee, Randolph noted that he would be legally allowed to live there under Palm Beach's Zoning Code. Randolph added even though Trump's attorney verbally said he would not live at the club, the legal document did not contain a specific prohibition about him living there.

Randolph urged the town officials to hear from Donald Trump and his neighbors before making a final decision. The town council has set to hear Randolph's case on Feb. 9.

The issue came up after Trump's election loss as he decided to stay at Mar-a-Largo. West Palm Beach lawyer Reginald Stambaugh also sent a letter to the council and protested Trump's move to the estate.

He maintained that Donald Trump was not allowed to reside at the club under the 1993 agreement. Stambaugh was the lawyer representing the neighbors surrounding the club.

His letter also stated that Trump violates the agreement, presents security concerns to neighbors, and his move devalues neighbors' property as it breaks the deal.

"Palm Beach has many lovely states for sale and surely he can find one which meets his needs," Stambaugh said in a report.