The City of Chester must grant the application for a mobile home park permit submitted by Sunset Development according to an amended order issued by Judge David Sims.
Sunset, owned by Robert Reed and represented by attorneys Tom DeCapio and Dan Guida, had sought a Writ of Mandemus ordering the City of Chester to take action on the application for five single lots on the Park located at 325 9th St. after the application was denied. Judge Sims granted the Writ of Mandemus in an order filed in Hancock County Circuit Court March 2, 2021.
Sunset initially sought to establish an RV park on the property, but then changed its plan and submitted five applications for single lot mobile homes on October 16, 2020. At a special Council meeting, held on October 22, 2020, the applications were tabled.
In its ruling, the Court stated that in a deposition taken by Sunset’s counsel, Mayor Ken Morris admitted that the applications submitted by Reed were proper and complete and that it was the responsibility of the City to review and approve the applications. Morris also testified that the only reason the City Council voted to table the applications was because it was tired of being sued and wanted someone else to make the decision on whether or not the applications should be granted.
Reed’s legal counsel then asked Council to render a decision on the applications and on Dec. 7, 2020, Council denied the five applications based on the fact that Sunset did not provide the model, make or dimension of the actual trailers to be placed on the lots. In his deposition, however, Morris testified that the City’s application for a Mobile Home Permit do not require the disclosure of the make, model or serial # of the mobile home.
The Court ruled that Reed has met with the ordinance requirements as to a plot plan for the five mobile homes, and that the City of Chester must grant each of the five applications for the permit of mobile homes in a single city lot submitted by Sunset.
