Tuesday, February 26, 2008
What’s less popular with suburban neighbors than a small mobile home? Why, a large mobile home, of course! In an interesting decision handed down today, a Connecticut court held that old mobile homes in a nonconforming mobile home park could not be replaced with new and larger homes, because to do so would work an unlawful “expansion” of the nonconforming use. (The case is Wiltzius v. Zoning Board of Appeals of the Town of New Milford, Nos. 27787, 27788, 27789 (Conn. App Ct. Feb. 26, 2008)).
The mobile home park argued both that the park itself (not the homes themselves) was the conforming use, and that a state statute enacted while the case was pending supported this argument. The Court reasoned however, that the new law didn’t apply retroactively, that larger mobile homes would constitute an unlawful “expansion” of nonconforming buildings, and that public policy argues for abolishing nonconforming uses as soon as possible.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Stephen R. Miller on Why are building inspectors so often on the take?
- Josh Hightree on What makes people leave rural areas, and what makes them stay
- Jessica Shoemaker on What makes people leave rural areas, and what makes them stay
- Jamie Baker Roskie on Why are building inspectors so often on the take?
- Stephen R. Miller on What makes people leave rural areas, and what makes them stay
- Water Down Under: A Report from Australia by Barbara Cosens: Post 5: Indigenous Rights to Water and Capacity Building
- Land Use Law-Related Articles Posted on SSRN in February
- March 4-6: Stanford 2015 Rural West Conference: Preservation and Transformation: The Future of the Rural West
- March 3 - J.B. Ruhl to deliver Boehl Distinguished Lecture in Land Use Policy at U Louisville Law
- Is this blog post "advertising"? California's bar proposes bright-line rule for regulating attorney blogs