The zoning code states any property considered noncomforming that is vacant for six months is considered abandoned. In the case of manufactured homes in a community, “their absence or removal from the lot shall constitute discontinuance from the time of absence or removal,” a more punishing blow to MH.
Several manufactured home communities in Lodi were grandfathered in because they existed before the adoption of the city’s zoning code, but became nonconforming as a result. If a homesite was vacant over six months, the city refused to reconnect utilities for a new resident.
Two community operators sued for being deprived of property rights to those homesites. The Ohio Manufactured Housing Association (OMHA) filed an Amicus Brief in support of the communities, and the Supreme Court agreed with the owners, striking down that portion of Lodi’s zoning law.
The Court says the law deprives the owner of “the right to continue the use of its entire property in a manner that was lawful prior to the establishment of the zoning ordinance.“ OMHA Executive Director Tim Williams praised the decision. He said, “OMHA is grateful for our member attorney John Monroe’s major victory affirming the property rights of our MH Community owners.“ ##
(Image credit: photographersdirect)
