Updating 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)

Article submitted by Matthew J. Silver to Daily Business New-MHProNews.