MISSISSIPPI SUPREME COURT TO REVIEW IMPORTANT PRIVATE PROPERTY RIGHTS DECISION

Our firm has had the privilege of representing the owners of the Cleveland Mobile Home Community (“Cleveland MHC”) against the City of Richland’s attempt to amortize the mobile home park out of existence. Cleveland MHC is a mobile home community consisting of 138 concrete pads which are rented to mobile home owners. Cleveland MHC also has spaces for seventeen campers or recreational vehicles (RVs). The Cleveland Mobile Home Community Because the Cleveland MHC property is located in an industrial zone, the use of the property as a residential community is a legal nonconforming use. Cleveland MHC had operated as a legal nonconforming use for more than 50 years until the City of Richland decided to prohibit Cleveland MHC from continuing to use any concrete mobile home pad once it became vacant. The purpose of the City of Richland’s action was to eliminate the residential use of the property without paying any compensation to the private property owner. On behalf of the owners of Cleveland MHC, our firm appealed the action taken by the City of Richland to the Circuit Court of Rankin County. The Circuit Court ruled in favor of the City of Richland. Thereafter, Cleveland MHC appealed that ruling to the Mississippi Court of Appeals. In the subsequent briefs filed for Cleveland MHC, we argued that: (1) Cleveland MHC had a vested right to continue its nonconforming use of the property; (2) Cleveland MHC’s continued placement of mobile homes on the property is a permissible continuation of the nonconforming use of the property; (3) the City of Richland’s interpretation of its zoning ordinance was arbitrary, capricious, and illegal;...