6-Month Abandonment Rule For Mobile Homes Creates A Taking

Tuesday, November 13, 2018 2:20 am
November 2018 - Volume 46 Number 11

A zoning ordinance specifying that nonconforming mobile homes were deemed abandoned when unused for six months was unconstitutional on its face because it constituted a taking.

Facts: Under a zoning ordinance enacted by the Village of Lodi, Ohio, mobile home parks were not permitted on properties zoned R-2. Both Sunset Properties, L.L.C. (Sunset) and Meadowview Village, Inc. (Meadowview) owned properties zoned R-2 on which they operated mobile home parks. However, both landowners were able to continue operating their businesses as legal nonconforming uses because the businesses predated the zoning.

In 1987 the Village enacted a zoning ordinance aimed at eliminating nonconforming uses. The ordinance’s general provision stated that discontinuing a nonconforming use for six months was conclusive evidence of an intention to legally abandon the nonconforming use. And once a nonconforming use was[..]