State ex rel. Oberly v. Simpson

551 A.2d 804, 1988 Del. Ch. LEXIS 53, 1988 WL 135456
CourtCourt of Chancery of Delaware
DecidedApril 19, 1988
DocketCiv. A. No. 899
StatusPublished

This text of 551 A.2d 804 (State ex rel. Oberly v. Simpson) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Oberly v. Simpson, 551 A.2d 804, 1988 Del. Ch. LEXIS 53, 1988 WL 135456 (Del. Ct. App. 1988).

Opinion

HARTNETT, Vice Chancellor.

Plaintiffs brought this action seeking to temporarily and permanently enjoin the sale of the South Shore Inlet Trailer Park in Sussex County (“Trailer Park”) and to compel the prospective purchaser of the Trailer Park to comply with the Delaware Conversion of Mobile Home Properties Act, 25 Del.C., Ch. 71 (“Act”) which regulates the conversion of a mobile home park into multi-unit dwellings. Both the plaintiffs and the defendants have moved for partial summary judgment on the issue of whether the Act applies to this Trailer Park.

I find that both the definition of a mobile home park and the purpose of the statute, as set forth in the Act, preclude the Trailer Park from being covered by the Act and, therefore, the provisions of the Act do not apply to it. Defendants’ motion for partial summary judgment on this issue therefore must be granted and plaintiffs’ cross-motion denied.

I

The essential facts are not disputed. From 1955 to 1966, John A. Marsh owned the Trailer Park which consists of 86 lots that are leased to various tenants for use as mobile home sites. He operated the park as a seven month summer vacation resort. In 1966, Mr. Marsh conveyed the Trailer Park to defendant Joseph Henry Simpson. Mr. Simpson also continued to maintain the Trailer Park as a vacation resort and he also operated the park for [805]*805only seven months each year, opening early in April and closing early in November. During the seven months of operation, water and sewer services were provided to the tenants through an underground system. From November to April, however, Mr. Simpson would shut down the water and sewerage utilities, as he feared that the uninsulated water lines would freeze. With the exception of one insulated water line, all water lines were shut off. Likewise, Mr. Simpson always turned off, during the five-month off-season, the electricity which operated the electric sump pump in the septic tank which held the sewage from the entire Trailer Park. Due to the saturated soil surrounding the Trailer Park, increased sewage caused by a year-round usage of the Trailer Park would be unsanitary and possibly illegal. Thus, both water and sewage disposal services were not provided to the Trailer Park tenants from November 1 to April 1 of each year.

The other utilities such as telephone, electricity and propane gas, were available directly to the mobile home owners from utility and service companies on a year-round basis.

On April 3,1985, Mr. Simpson contracted to sell the Trailer Park to defendant Abraham Al-Arnasi. Mr. Al-Arnasi intended to convert the Trailer Park into multi-unit condominiums. At the time of the execution of the contract of sale, there were 86 tenants leasing mobile home sites in the Trailer Park. Only one of the tenants, who was provided with an insulated water line, remained on the property year-round.

On March 11, 1986, plaintiffs Lawrence J. Corrado, a tenant in the Trailer Park, and South Inlet Mobile Home Park Tenants’ Association filed a suit seeking to enjoin the sale of the Trailer Park, claiming rights arising under a lease by estoppel theory and alleging the failure of the Seller and Buyer to comply with The Delaware Conversion of Mobile Home Properties Act. On April 2, 1986, the Delaware Attorney General also filed a suit seeking to enforce the requirements of The Delaware Conversion of Mobile Home Properties Act. The suits were consolidated in this Court on June 3, 1986.

On June 12, 1986, I granted plaintiffs’ application for a preliminary injunction finding that the plaintiffs would likely suffer irreparable harm if the Trailer Park was sold and leases terminated after one year. State et al. v. Simpson et al., Del.Ch., C.A. No. 899-K, Hartnett, V.C. (June 12, 1986) [available on WESTLAW, 1986 WL 6836]. My opinion, however, did not address the legal issues concerning the applicability of The Delaware Conversion of Mobile Home Properties Act.

By stipulated order dated December 22, 1986, pursuant to an agreement between the parties, I permitted the consummation of the sale of the Trailer Park to defendant Al-Arnasi, with the agreement that the settlement would not affect the legal rights of the parties.

It is undisputed that, with the exception of one year-round tenant, all of the tenants have other places to live other than in the Trailer Park and do so for at least five months of the year.

II

This Court may grant summary judgment when the moving parties have clearly demonstrated an absence of any genuine issue of material fact and that they are entitled to summary judgment as a matter of law. Bershad v. Curtiss-Wright, Del. Supr., 535 A.2d 840 (1987); Nash v. Connell, Del.Ch., 99 A.2d 242 (1953). Partial summary judgment may be granted as to any issue in which the moving party has clearly proven an absence of any genuine dispute of material fact. Chancery Rule 56(a)(b).

III

The only issue presented by the cross-motions for partial summary judgment is whether the Trailer Park is covered by The Delaware Conversion of Mobile Home Properties Act. 25 Del.C., Ch. 71. The other issue of lease by estoppel is not raised in the motions.

[806]*80625 Del.C. § 7102(5) defines a mobile home park:

“Mobile home park” shall mean any mobile home or trailer park designed to house mobile homes which are served by utilities on a year-round basis. This chapter shall not apply to a park or camp devoted to recreational vehicles which move to the site under their own power or can be towed to the site by an automobile. (emphasis added)

Delaware courts have long followed the general rule of statutory construction “that where the language of a statute is plain and conveys a clear and definite meaning, the courts will give to the statute the exact meaning conveyed by the language, adding nothing thereto, and taking nothing therefrom.” Federal United Corporation v. Havender, Del.Supr., 11 A.2d 331, 337 (1940), citing, VanWinkle v. State, Del.Supr., 91 A. 385 (1916); See also Daniels v. State, Del.Supr., 538 A.2d 1104 (1988); Coastal Barge Corp. v. Coastal Zone Indus. Control Bd., Del.Supr., 492 A.2d 1242 (1985); Williams v. West, Del.Supr., 479 A.2d 1253, 1255 (1984). Moreover, “a statute can define its terms as the lawmakers see fit in order to make clear what is intended.” Stiftel v. Malarkey, Del.Supr., 384 A.2d 9, 11 (1977).

25 Del. C. § 7102(5) states a clear and unambiguous legislative definition of a mobile home park. In order for a mobile home park to fall within the protections afforded by the Act it must be “... designed to house mobile homes which are served by utilities on a year-round basis”.

The words “mobile homes” are in the plural, thereby requiring that there must be more than one mobile home served by utilities on a year-round basis. See

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Bluebook (online)
551 A.2d 804, 1988 Del. Ch. LEXIS 53, 1988 WL 135456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-oberly-v-simpson-delch-1988.