Do anyone new MHP owner challenge the city law ban on mfg home & re-zoning?

Hello! I am wondering if there anyone out there have great success with city overturn the old law bans on mfg or mobile homes or got certain special re-zoning land use to create new small MHP?

I am currently fighting with City of Basalt (Idaho) for my rights to have 3 new mobile homes was recent add to my property and one existing mobile home is “grandfather.” I have to attend meeting in City of Basalt with 4 councils, 1 mayor, and 1 clerk. This Oct 11th 2018.

It seem that City of Basalt (Can be considered illegal discrimination according to HUD website) really hate on specific with mfg homes are banned forever and not even allowed anyone living in Basalt to buy inexpensive mfg home brand new.

But strange part it didn’t not said anything about mobile homes (Pre HUD before 1976)

I was wondering if anyone here have great experience and have wonderful inputs to help me to get more chance of success of wining the case at meeting?

I know that there are several states that have had cases go to their highest court and have sided with the mobile home park. Mississippi, the state I live and operate in, just did recently. There is an article by Frank Rolfe on this site about it.

Great! Good to know someone out there did wins the mobile home park. I am trying find the article and if you don’t mind put link or where I can find the articles?

I went meeting yesterday and seem they still want rid all my single wide mobile homes and refusing consider rezoning as mobile home park. Still I need to attend one more meeting for final. Looks like I need get back up lawyer to sue them if they start fines on me for just having mobile homes sit on my property even nobody live in yet. it seem so unconstitution bans on inexpensive mhs or mfg homes but allowing unlimited RVs, trailer campers, cabover campers, motorhomes, etc… :expressionless: What kind best type lawyer out there who usually do sue all time with any cities?

You didn’t quite explain the facts of your circumstance. You may be out of luck from what I can understand. What was the previous situation before you came into it?

http://msbusiness.com/2015/05/state-supreme-court-upholds-richland-mobile-home-parks-refilling-of-spaces/

I want to update on my unique case, its kinda big surprised to know all my three single wide mobile home trailers from former MT state mobile home park pink paper titled as CT (Camper Travel) body than HS body (Mobile Home) and I was able registered it in my name fairly easy in Idaho and did have police come to my place for VIN/Serial inspection required by Idaho law if trailer come from other state. The police did took a look on my trailers and still marked as CT even all my three trailers really obvious old HS body style. I don’t know why?

It seem now my City of Basalt have lost power to tell me to remove or ban the “CT trailers” because under their current law CT trailers are allowed. Also nice bonus yearly “parking the property” tax exemption. It does not apply to CT trailers. It seem must be very rare for any trailers wide as 12ft still apply as CT body trailer. Now I am bit happy and these three “CT trailers” becomes like sons of grandfather mobile home in the small park. :sunglasses:

I an currently in this process but will not mention the names of the guilty parties (in Indiana - not far from Chicago) quite yet. The particular city said, we could not install homes on vacant lots because we would have to meet new ordinances from the mid '80s (we were built around 1955) and the new ordinances require minimum lot size, home square footage, and setback between homes. Of course our park was tight and could not meet this. Also, Indiana has a state law that says the city ordinance is illegal.

We applied for permits anyway, fished for a rejection, were ignored, lawyered up, applied again, were ignored again. After about 6 months, threats of filing for appeal, and $5,000 in legal bills, they finally pleaded for us to have a sit-down. At the sit-down in which not-so-subtle hints of how bad it would be to have an Affordable Housing Discrimination Lawsuit filed against you, they finally agreed to honor our request and to draft a Memorandum of Understanding acknowledging that we could fill lots. We are in the process of getting the MOU in place, but it is slow.

Of course, the city enforcement officials, inspectors, building permit clerks, etc., were not privy to the conversation, so every time we get a denial, we have to say “why don’t you go talk to your boss who thinks a lawsuit is coming” then things settle down some.

Good luck. The process is frustrating, but must be done.

2 Likes

MPark, Good to know someone else like you able to do challenge the city’s own ridiculous ordinances against any MH park owners.

I am still doing slow studying & learning how to gear up better if I must go appeal in the court for next time if my local city try something else against with my small MH park. At my local city it still banned on all single wide MHs (Not the CTs or more than double wide MHs) and the mayor at my local city did show me the face expressing at me very clear hateful idea of MH park. Maybe he was thinking I am bringing the more criminals & white trash trailers from the East which its not true. So for now I cannot get any new single wide MHs and cannot re-zoning to commercial MH park. I’ll be keeping quietly til I am ready at right time.
I seem still can’t find very affordable & best local in ID state lawyer have good strong experience handing case with MH park owners. I’ll keep looking.

This is something you will find you do not have a right to. (“Right to rezone”). Because you’re not zoned for MHP and you’re simply storing “CT” campers, you should probably grandfather yourself into that business…unless you can convince the city/county council to rezone you (with conditions they will attach).

That’s what I foresee, anyway.

Brandon@Sandell

Brandon, thanks for comments, Yep I should have done check with city & county prior buying small old mobile home park property for current status. But I brought it too late already and I have to play the brick game and get in the loophole.

I wondering what kind conditions general city & council do often make the strings attached to new MHP business?