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Posts Tagged ‘Appeal’

Appeal in Manufactured Home Community Closure Case Denied

September 17th, 2018 Comments off

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An attorney representing the City of Schofield, Wisconsin says an appeal to keep the Northern Housing Community open, has been denied, WSAW tells the Daily Business News on MHProNews.

 

Residents and the owners of the community have both opposed the closure.

Last April, the Schofield City Council revoked the license for Northern Housing Community, citing several safety violations. As part of that decision, residents were asked to be out of the community by August 1st, 2018.

In July, the owners of the park filed appealed the City’s decision to Circuit Court. As part of the appeal, the ruling that residents had to be out by August 1st was delayed.

The City of Schofield’s attorney, Lee Turonie, said they filed a Motion to Dismiss the property owner’s appeal, which was granted. Turonie argues that means the ruling that residents need to be out of the community – that’s located on a high-traffic road – can now be enforced again.

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However, Turonie admits the community can appeal the Circuit Court decision to a higher court, if they choose.

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Mark Hazelbacker, an attorney representing the owners of the Northern Housing Community, says he has not had a chance to speak with his clients about what they plan to do next. He hopes to have that conversation tomorrow, said WSAU.

Hazelbacker says his primary concern is making sure no one becomes homeless as a result of this decision.

Among the issues for the broader industry is the growing pattern of undermining community owners rights to maintain their property, in the face of pressures by others to close.

There have also been cases where manufactured home owners on privately owned land have also been threatened – or in fact, forced – off land based on arbitrary economic or other factors that seemingly target owners of older mobile homes or manufactured homes.

MHProNews will continue to monitor this case, and if there is an appeal, will report that type of update. “We Provide, You Decide.” ©. ##  (News, analysis, and commentary.)

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Decisions in CFPB Appeal

February 8th, 2017 Comments off
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Credits: Housingwire, CFPB.

A major blow was delivered to those who were working to defend the Consumer Financial Protection Bureau (CFPB) last week, when a federal appeals court denied their motions.

According to Pay Before, the same three-judge panel of the U.S. Court of Appeals for the D.C. Circuit that determined the CFPB structure was unconstitutional in October 2016, denied appeals in the PHH Corp. vs. Consumer Financial Protection Bureau case.

In the decision, which was covered by the Daily Business News here, the court determined the CFPB is controlled by a “single, unaccountable, unchecked director, Richard Cordray, who can only be removed for just-cause, which poses the risk of arbitrary decision-making and abuse of power compared to a multimember independent agency.

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Senator Sherrod Brown. Official photo.

The circuit court ultimately ruled that the CFPB could continue operating, but that the director can now be replaced at will.

Recent motions filed by U.S. Senator Sherrod Brown (D-Ohio) and U.S. Rep. Maxine Waters (D-Calif.), argued that Congress wanted a single director for the agency, because lawmakers who drafted the Dodd-Frank Act, which established the CFPB, “understood that the nation needed a regulator that could respond quickly and effectively to new threats to consumers … and it knew that the CFPB’s effectiveness could be hampered by the delay and gridlock to which commissions are susceptible.

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Representative Maxine Waters. Credit: Wikipedia

Sixteen state attorney generals and the District of Columbia also filed a motion, defending the CFPB in its current incarnation.

As the representatives of millions of citizens across the country, the state attorneys general have used their express statutory authority to bring civil actions to enforce consumer financial protection laws and to pursue regulatory actions in coordination with the CFPB to protect consumers against unfair, deceptive and abusive financial practices,” the motion said.

The current ruling, if permitted to stand, will undermine the power of the state attorneys general to effectively protect consumers against abuse in the consumer finance industry.

Public interest groups, including the Americans for Financial Reform, Center for Responsible Lending, Leadership Conference on Civil and Human Rights, and Maeve Brown, chairperson of the CFPB’s consumer advisory board also filed a joint motion in support of the CFPB, which they decided to do after President Trump put the organization, and Dodd-Frank, in the crosshairs for major changes.

President Trump has voiced strong opposition to the Dodd-Frank reforms that created the CFPB,” according to the group’s motion.

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Still from an Inside MH video, reflecting how Richard Cordray himself said that there was never much high cost lending in the manufactured housing industry market. Click here or on the picture above for the full story.

President Trump started the process of dismantling Dodd-Frank in an executive order signed on February 3rd.

Following the court’s October panel decision that the CFPB structure is unconstitutional, the bureau filed a petition in November for a rehearing before the entire appellate court.

Had the circuit court granted the motions last week to intervene, the groups would have been able to submit briefs supporting the CFPB’s structure in the event of a rehearing of the case.

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President Barack Obama announces the nomination of Richard Cordray as the first director of the CFPB on July 18, 2011. Credit: Wikipedia.

According to one attorney, that would have been unprecedented.

In my entire career, I have never heard of someone trying to intervene at the Court of Appeals level related to a petition for rehearing,” said Alan S. Kaplinsky, partner, Ballard Spahr LLP.

PHH sued CFPB Director Richard Cordray after the agency issued an order against the lender for $109 million over an alleged kickback scheme around reinsurance payments. The CFPB accused PHH of referring customers to mortgage insurers who, in turn, bought reinsurance from one of PHH’s units.

The Daily Business News will continue to follow developments around the CFPB and update this story as information becomes available. ##

(Image credits are as shown above.)

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RC Williams, for Daily Business News, MHProNews.

Submitted by RC Williams to the Daily Business News for MHProNews.

Tribal Nation Wins Appeal in “Mobile” Community Case

November 11th, 2016 Comments off
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Credit: The Georgia Straight.

A British Columbia, Canada appeals court has ruled in favor of the Squamish Nation in a case involving the Capilano River RV Park, formerly known as the Capilano Mobile Park in West Vancouver.

The series of events stretches back to 2008, where the Baker family had operated the community since the 1960’s. In October of that year, the permit granted by the Squamish Nation to operate the community expired and the two sides were unable to come to a formal agreement.

The Bakers continued to occupy and operate the property and paid monthly fees to the nation. In May 2010, the Bakers stopped making payments. In December of that year, the Squamish Nation sued them.

The B.C. Court of Appeal upheld a ruling by a trial judge that the band owes nothing after it took over the mobile-home park near the Lions Gate Bridge from the Baker family.

According to The Georgia Straight, the court issued an order giving the Squamish Nation possession of the lands in 2011.The judge in the case also ordered the Baker family to pay the Squamish Nation almost $500,000 for damages and costs.

 

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Credit: Northshore News.

Following the court’s order, the Squamish Nation also took over the community and changed the name of the business from Capilano Mobile Park to Capilano River RV Park.

The legal actions continued.

In one of the cases, the Baker family claimed that it was not fairly compensated for the loss of its business and that the Squamish Nation unjustly enriched itself. A British Columbia Supreme Court judge ruled in favor of the nation in February of this year.

The Baker family then elevated the case to the British Columbia Court of Appeal, arguing that the judge made a mistake in applying the law.

The appeal was dismissed on November 7. In the ruling the appeal court wrote that although the nation benefitted and the Baker family did suffer a loss, the enrichment was not unjust. ##

(Editor’s Mea Culpa: This article was assigned to RC Williams, who executed it well.  That said, as editor, I goofed!  The Daily Business News has tracked manufactured and modular housing stories on tribal lands, as well as stories related to the housing needs for Native Americans for years.  In a moment of hurry and distraction, what struck me as another such story was assigned to Mr. Williams.  It turned out to have nothing to do with manufactured housing, it was all RV.  My sincere apologies to our readers.)

(Image credits are as shown above.)

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RC Williams, for Daily Business News, MHProNews.

Submitted by RC Williams to the Daily Business News for MHProNews.