City of Oakdale v. Benoit

342 So. 2d 691
CourtLouisiana Court of Appeal
DecidedApril 22, 1977
Docket5715
StatusPublished
Cited by4 cases

This text of 342 So. 2d 691 (City of Oakdale v. Benoit) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Oakdale v. Benoit, 342 So. 2d 691 (La. Ct. App. 1977).

Opinion

342 So.2d 691 (1977)

CITY OF OAKDALE, Plaintiff-Appellant,
v.
Delores Navarre BENOIT, Defendant-Appellee.

No. 5715.

Court of Appeal of Louisiana, Third Circuit.

January 31, 1977.
Rehearing Denied March 3, 1977.
Writ Refused April 22, 1977.

*692 Perrell Fuselier, Oakdale, for plaintiffappellant.

Edwards, Stefanski & Barousse by J. Michael Stefanski, Crowley, for defendant-appellee.

Before HOOD, DOMENGEAUX and HUMPHRIES, JJ.

HOOD, Judge.

The City of Oakdale instituted this suit seeking to enjoin defendant, Delores Navarre Benoit, from placing a mobile home on a lot owned by her in that city. It alleges that the location of the mobile home on that lot would violate the Zoning Ordinances of the City of Oakdale and would cause irreparable injury. Defendant answered and filed a reconventional demand praying, among other things, for judgment allowing her to locate the structure on that lot.

While the suit was pending, and before the trial was held, defendant moved the mobile home onto her lot. In view of that fact, the parties stipulated at the trial that the suit would be treated as an action for a declaratory judgment interpreting pertinent parts of the zoning ordinance, rather than as an action for injunctive relief.

After trial on the merits, judgment was rendered by the trial court in favor of Mrs. Benoit and against the City of Oakdale, decreeing that defendant "is not in violation of the Zoning Ordinances of the City of Oakdale by locating a structure known as Vista Villa 14 &times78 house trailer, as modified," on the above lot. The City of Oakdale appealed.

The sole issue presented is whether the structure which Mrs. Benoit placed on her lot is a "Trailer, Mobile Home," as that term is used in the Zoning Ordinance of the City of Oakdale, and thus whether the locating, erecting, altering or use of that structure on that lot is prohibited by the provisions of the above zoning ordinance.

On November 5, 1973, Mrs. Benoit purchased a house trailer or mobile home from Southern Castles Mobile Homes, Inc., Alexandria, Louisiana, for the sum of $11,493.00. The mobile home purchased by her was 14 feet wide and 78 feet long. Immediately after purchasing it, she had it towed from Alexandria to a trailer park in Oakdale, and she and her two minor children resided in it for more than two years thereafter while it was located in that trailer park.

On September 26, 1975, defendant purchased three lots in the City of Oakdale, all of which are located in an area designated on zoned by the Zoning Ordinance of the City of Oakdale as an "A-2 Single-family (Low Density)" District of that city. Prior to purchasing those lots she was advised by an attorney that they might be in a zoned district in which the placing of a house trailer or a mobile home is prohibited. Mrs. Benoit thereupon contacted the Clerk of the City of Oakdale who informed her that the zoning restriction applied to the property which she was about to purchase. Defendant nevertheless purchased the above lots, and she then applied to the Board of Adjustment of the City of Oakdale for a change or variance of the zoning ordinance to permit her to locate her mobile home on the property which she had acquired. A hearing was held on her application, but the Board of Adjustment denied her request on December 11, 1975.

This suit was instituted by the City of Oakdale on December 15, 1975. The City alleges that defendant had announced her intention to move her mobile home on the property which she had purchased despite the provisions of the city's zoning ordinance, and it prayed for judgment enjoining her from doing so. A temporary restraining order was issued on that date, but that order expired before a hearing was held, and on January 5, 1976, Mrs. Benoit moved her mobile home onto one of the lots which she had purchased.

This case was tried on its merits on January 21, 1976. Following that trial, the district judge found that "at the time this action was instituted and before the dwelling was moved to the present location, it was indeed a trailer, mobile home, within the definition of the zoning ordinance and, *693 therefore, its location on the lot in question was proscribed." He also found, however, that while the suit was pending the defendant removed the wheels, axles and the tongue from the trailer, and that she"sealed in the bottom with bricks or concrete." He concluded that "that which presently exists on defendant's lot is not a vehicle," and that "it once was a vehicle but is no longer." He accordingly rendered judgment declaring that defendant was not in violation of the zoning ordinance in placing and maintaining her mobile home on that property. The City of Oakdale has appealed from that judgment.

The Zoning Ordinance of the City of Oakdale was adopted on April 26, 1973, pursuant to the provisions of LSA-R.S. 33:4721-4729. Under that ordinance, the city is divided into zoned districts and regulations are set out for each such district. The ordinance provides that "no building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located." See Section 1.3, Zoning Ordinance of the City of Oakdale.

One of the zoned districts created by the ordinance is the "A-2 Single-family (Low Density) District." The regulations pertaining to that type district are set out in Section 2.4 of that ordinance. Sub-Section 2.401 restricts the use of property in such a district to "dwellings," and to some other purposes which clearly are not applicable here. Sub-Section 2.402 prohibits "all uses not permitted herein." In Sub-Section 9.214, a "dwelling" is defined, in part, as follows:

"9.214 Dwelling: A building used entirely for residential purposes and shall not be construed to include trailers. . . ." (Emphasis added).

The ordinance thus prohibits the location, erection, alteration or use of "trailers" in an A-2 Single-family (Low Density) District.

The ordinance also creates another district, the "A-7 Mobile Home and Trailer Park District," and the regulations pertaining to that type district are set out in Section 2.9. Sub-Section 2.901 provides that the permitted uses are: "Parking of mobile home type trailers and travel trailers when used as residences." A mobile home and a travel trailer are defined in Sub-Sections 9.243 and 9.245, as follows:

"9.243 Trailer, Mobile Home: A vehicle equipped for use as a dwelling and designed to be hauled along a highway." (Emphasis added).
"9.245 Trailer, Travel: A vehicular, portable structure built on a chassis designed as a temporary dwelling for travel, recreational, and vacation use with a body width not exceeding eight (8) feet and a body length not exceeding thirtytwo (32) feet."

The structure involved here is too large to be classified as a travel trailer, or a "Trailer, Travel," as that term is used in Sub-Section 9.245. It, however, was unquestionably a Mobile home, a trailer or a "Trailer, Mobile Home," as those terms are defined in Sub-Section 9.243, when defendant acquired it and when she first moved it to the lot where it is now located.

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Related

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842 So. 2d 416 (Louisiana Court of Appeal, 2003)
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446 So. 2d 1357 (Louisiana Court of Appeal, 1984)
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City of Oakdale v. Benoit
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Bluebook (online)
342 So. 2d 691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-oakdale-v-benoit-lactapp-1977.