Posts Tagged ‘Mississippi Supreme Court’

Judge Rules Manufactured Home Community’s Right to Replace Homes

August 27th, 2015 Comments off

miss mfg housing assocUpdating a story MHProNews published Jan. 16, 2015 regarding the city of Pearl, Mississippi’s attempt to prevent a manufactured home community (MHC) from refilling vacated sites with manufactured homes (MH), Madison-Rankin Circuit Judge John H. Emfinger ruled the city does not have that authority, saying the ordinance would destroy the Homewood company’s Grove Acres Mobile Home Community by attrition.

The ruling represents a second setback for Rankin County in its attempt to limit the siting of MH. In a 9-0 ruling in May, the Mississippi Supreme Court struck down a similar land-use policy in Richland, according to msbusiness, stating Richland arbitrarily and capriciously stepped on the constitutional rights of the MHC’s owners.

In the Pearl case, Judge Emfinger ruled a local government was trying to enforce a non-conforming use ordinance on a site-by-site basis instead of applying it to the entire community. The judge said Grove Acres “has a constitutional right to continue its enjoyment of its property and the action by the City is a violation of Homewood’s constitutional right to enjoy its property.

Pearl City Attorney James Bobo had hoped to persuade the judge to not allow Homewood to operate a trailer park full of potential death traps until the end of time. ##

(Image credit: Mississippi Manufactured Housing Association)

matthew-silver-daily-business-news-mhpronews-comArticle submitted by Matthew J. Silver to Daily Business New-MHProNews.

Manufactured Home Community has Right to Re-rent Homesites

May 16th, 2015 Comments off

mfg home  credit mhpronewsThe Mississippi Supreme Court upheld an appeal’s court ruling which gives the Cleveland Mobile Home Park in Richland, MS the right to re-rent vacated homesites in the manufactured home community (MHC). The city of Richland wanted to reduce density in the MHC, arguing homesite re-use was non-conforming and therefore in violation of the city’s ordinance.

The Court ruled Richland’s zoning law was “arbitrary and capricious” and violated Cleveland’s “constitutional right to enjoy its property.” The Madison-Rankin Circuit Court had ruled in Richland’s favor, as msbusiness informs MHProNews.

The owners of Cleveland appealed that ruling, saying that re-filling a vacancy was continuation of an established use, not expansion of a non-conforming use. The Mississippi Manufactured Housing Association (MMHA) said upholding Richland’s zoning law interpretation would have “devastating effects on manufactured-housing parks across Mississippi.

Noting the government cannot manufacture a zoning violation by changing the rules, Attorney Ben Williams, who was involved in challenging Richland’s ordinance, said, “Citing both the Mississippi Constitution and the U.S. Constitution, the Mississippi Supreme Court reiterated its 1923 opinion that a citizen’s ‘lawful use of his property is one of the most sacred rights reserved to him under our Constitution.”’ ##

(Photo credit: MHProNews-manufactured home)

matthew-silver-daily-business-news-mhpronews-comArticle submitted by Matthew J. Silver to Daily Business News-MHProNews.