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Posts Tagged ‘Creekside Mobile Home Park’

Manufactured Home Community Owners Lost Troubling Creekside Appeals Case

June 25th, 2018 Comments off

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The Appellate Division of the State Supreme Court denied the appeal brought by the owners of a German Flatts mobile home park,” said the Utica Observer Dispatch.

 

A manufactured home community in German Flatts has lost their most recent appeal.  The Town of German Flatts, according to a variety of local media, spent well over 6 figures in getting their land-lease community closed.

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William and Virginia Jaquish are the owners of the property. According to a public statement by their attorney, Mark Wolber, asked the town board during a hearing last year for their reason for closing their property?  What purpose does it serve to remove the residents of that community?

And you’ll have a black eye shutting down a perfectly good, operating, safe aesthetically pleasing trailer park1,” said attorney Wolber, according to CNYHomepage. “And you’re going to be the ones responsible for doing that.  People will drive by and say what happened here; well this town board closed this park and shutdown, why? We don’t really know why.” 

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The attorney for the Mrs. and Mrs. Jaquish added, “Somebody has an agenda somewhere to close this park. It is the only property that the town is going after to closedown despite other properties that were more seriously damaged in the 2013 flood.”

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But while the decision effectively ends the case, the matter still could involve a judge because the park’s owners have not complied with the court’s directives, said attorney Jeffrey S. Baker of Young/Sommer LLC Attorneys at Law in Albany, who is representing the town of German Flatts,” per UticaOD.

The town’s attorney said the court ruling required the owners, William and Virginia Jaquish, to remove some of the manufactured homes, while restoring the erosion control wall the town had constructed in 2007-08 to its original state.

They were supposed to have the work completed by June 11 and they have not done it,” said Baker.

The vexing case has been an issue on talk radio, and the local media for years on end.

 

A prior, detailed report on the case covered by the Daily Business News is linked below.

Future Looks Bleak for MHC

It’s arguably a tragedy for those residents, who according to local media, didn’t want to leave their homes, and supported the efforts to save the community.

Its also an obvious blow to the interests of the couple who owns the property.

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But beyond those troubling issues is another question.  Is this part of a larger pattern that community owners in various parts of the U.S. are telling MHProNews about? Namely, that local jurisdictions are allegedly targeting some manufactured home communities for closure?

Examples of other cases with similar concerns are found in the Related Reports, linked below.  Copies of the rulings on two appeals are attached here and here. ## (News, analysis, and commentary.)

Footnote 1: SIC – the error in terminology “trailer park” is in the original quote. A snapshot of the industry, including terminology, is linked here.

(Third party images are provided under fair use guidelines.)

Related Reports:

Different Kind of Community Closure, Continues Grabbing Headlines in Mainstream News

Manufactured Home Communities, Retailers, Developers Face Disruptive, Troubling Trend

Hundreds of New Manufactured Home Communities Opened, But How Many Have Closed? Industry Research Result$

NorthStar and Manufactured Housing Radix

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Future Looks Bleak for MHC

February 13th, 2017 Comments off
FutureLooksBleakforMHCcreditWIBX-postedtothedailybusinessnewsmhpronewsmhlivingnews

Credit: WIBX.

In the Mohawk Valley of New York state, an ongoing battle between a manufactured home community and the town it’s in, one side landed what could be a knockout blow.

According to the Times Telegram, Bill and Virginia Jaquish, owners of the Creekside Mobile Home Park in German Flatts have been in a battle to keep the community open since 2013, and last Thursday, State Supreme Court Justice Norman I. Siegel denied a motion by the couple to set aside a judgment he issued in November.

The November ruling called for the Jaquish’s to close down the community, which is located in a flood zone. The couple applied for a floodplain development permit, and the town of German Flatts denied their permit. The town also claimed that Jaquish’s have “encroachments built in the floodway” of the creek that the community sits near.

According to town officials, the “floodway” is defined by law as the area where all development is generally prohibited due to the danger of flooding, according to a statement issued by the town.

As a result of the ruling, the Jaquish’s must close down and vacate their property, along with the residents, by May 31st, 2017.

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Bill & Virginia Janquish. Credit: Utica OD.

The floodway is defined by law as the most dangerous area, where all development is generally prohibited,” said German Flatts Supervisor, Frank Spatto.

The town board is encouraged by the Judge’s ruling again upholding our denial of the Jaquishs’ floodplain Development Permit.  We now look forward to the Jaquishs’ compliance with the Judge’s order to close the Creekside Park and move the residents of the Park out of harm’s way by May 31, and before another flood should occur.

Even with the denial of motion, it appears that the Jaquish’s plan to keep fighting however they can.

We brought this motion to ask the judge to reconsider based on evidence we believe he did not consider in earlier decision,” said Attorney Mark Wolber, who represents the couple.

The reason we brought the motion is that when you do an appeal you can only bring what was brought before the trial judge.

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A sign at the Creekside Mobile Home Park. Credit: WKTV.

Wolber stated that there is another notice of appeal on this order and he expects the appeals will be consolidated and brought before the Appellate Court. He plans to ask the Appellate Court to stay the judge’s order until it makes a decision and to file the application for the stay in the next 30 days.

The appeal itself will probably take about a year,” said Wolber.

This mobile home park [sic] has been there for 50 years,” said Wolber. “It was flooded on only one occasion when the rest of the town was also flooded. To close it does not make any sense to me at all.

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A home at Creekside Mobile Home Park. Credit: Scoop Nest.

But Spatto contends there’s more to the story.

We all remember the storm of 2013 when residents of the park were evacuated to safety by town personnel and equipment. The flood law that the town board must enforce is important for public safety, and to maintain the town and its residents’ eligibility for federal flood insurance and flood relief,” said Spatto.

The Jaquish’s have refused to comply with this flood law, even though their property is clearly in a regulated flood zone defined by the federal government. The town cannot sacrifice programs, which are of benefit to the entire town and its residents, especially others who live in the flood zone, both upstream and downstream, to favor one single property owner. We would be shirking our public duty and responsibility if we did that.” ##

(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.