A contract purchaser placed a mobile home on the owners’ lot. It was unoccupied, on wheels, and not connected to utilities. After issuing a violation notice, the town filed a complaint listing six violations. The court rejected five claims, but assessed a fine for “locating” a mobile home on the lot without a permit (M.R.S. § 4452(2)). The highest court affirmed, first holding that the owners were responsible for the violation although the mobile home was owned and placed by another. The owners had notice of its presence and an opportunity to correct the violation. Despite the fact that it was not connected or occupied, the mobile home, designed and intended to be connected and occupied, is a structure.
Town of Levant v. Taylor 2011 WL 2135728 (Me. 5/31/2011).
The opinion can be accessed at: http://www.courts.state.me.us/court_info/opinions/2011%20documents/11me64le.pdf
This abstract is excerpted from APA’s Planning and Environmental Law. For subscription information see: www.planning.org/pel