This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Conversion
Mobile-Home Conversion

Country Mobile Investments v. City of Santa Rosa

Published: Feb. 16, 2013 | Result Date: Dec. 20, 2012 | Filing Date: Jan. 1, 1900 |

Case number: SCV240992 Bench Decision –  Defense

Court

Sonoma Superior


Attorneys

Plaintiff

Richard H. Close


Defendant

Caroline B. Fowler
(Office of Sonoma County District Attorney)


Facts

Country Mobile Investments, owners of the 178-unit Country Mobile Home Park in the City of Santa Rosa sought to convert the mobile home park into condominium-style conversions, which would allow tenant to own the spaces they rented. The City, however, blocked the plans by the owner. Residents of the mobile home park, most of whom were seniors, also opposed the plan. They feared they would be pushed out of the park because they would not be able to afford their spaces or the rising rents.

Country Mobile filed a lawsuit against the City, arguing that the City should not have sided with the residents because the plan was a "bona fide" conversion and that the City's opposition essentially gave the residents a "veto" over the property owner's right to subdivide the property.

Result

Sonoma County Superior Court Judge Elliot Daum found that the City appropriately used the residents' survey as a tool during its deliberations in blocking the owner's plan to subdivide the mobile home park.


#82749

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390