City zoning in Indiana trying to bully me


#24

@TheGerald

WAY TO GO!!! I love hearing this.

These local officials can be crazy with what they “think is OK”…

I think they will back off you on this park. If they harass you, Just get on the phone with them and ask them why they are Over Policing the park.


#25

I would sell to the city. Here’s why:

  1. filling lots is time and capital intensive.

  2. litigation is also.

  3. the entire period that the park is in litigation it will be illiquid to sell or finance.

  4. you just bought it and so you’d be taking a quick profit you can roll into another park

I’m confident you will prevail in court on the grandfathering argument (consult the recent Mississippi Supreme Court case) but that could take $50,000 and years to pursue worst case.

This reminds me of a park I had near Ft. Worth, Texas. Same thing happened. I went to my lawyer and he told me to sell it to the city. Even though he said I would win in court. Even though it was worth much more to keep it. But because it was the right business decision based on the risk. That’s what I did and I never regretted it.

We fight and beat cities all the time on grandfathering. But in those cases we have large existing occupancy and no option to sell for a fast profit.

Just some thoughts.


#26

As the famous saying goes. You can be right or rich.


#27

Hi Gerald. We are having identical issue with a municipality. Like Frank mentioned in the thread, we are in to deep to sell and exit. Could I ask who you spoke with on counsel. We are interviewing larger firms to see whom to use.

Thank you in advance


#28

I would refrain from posting to much about your legal problems with municipalities on here. Mobile home parks existing as legally non conforming uses is an area that most small city zoning boards or even the city attorney seldomly deals with and the issue sends them searching on the internet, where a post such as mine shows up in search results.
I can’t divulge anything else on here as these threads are unable to be deleted and believe it or not, they have found this, quoted it, and there is nothing I can do haha.
I deff will updated when this is over.


#29

Makes total sense that they would find this TheGerald. I guess we all need to be careful about supplying too much detail! Like geography, etc. Hope this works out for you.