Town of Plainfield v. Sanville

485 A.2d 1052, 125 N.H. 825, 1984 N.H. LEXIS 318
CourtSupreme Court of New Hampshire
DecidedDecember 31, 1984
DocketNo. 84-033
StatusPublished

This text of 485 A.2d 1052 (Town of Plainfield v. Sanville) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Plainfield v. Sanville, 485 A.2d 1052, 125 N.H. 825, 1984 N.H. LEXIS 318 (N.H. 1984).

Opinion

Douglas, J.

This case is before us as an interlocutory transfer without ruling by the Superior Court (DiClerico, J.) pursuant to RSA 491:17 and Supreme Court Rule 9. The issues presented are: 1) whether the mobile home zoning ordinance of the town of Plainfield conformed to RSA 31:119 (Supp. 1983) (recodified at RSA 674:32 (Supp. 1983)) during the time defendants placed a mobile home on their lot in Plainfield; and 2) if the ordinance did not comply with the statute, whether such noncompliance invalidated the ordinance so that the defendants established a legal nonconforming use.

The town adopted a comprehensive zoning and mobile home ordinance in 1974. As amended in 1979, the ordinance divided Plainfield into six zones. Mobile homes were permitted only in mobile home parks in only two of these zones: village residential and rural residential. Additionally, the Plainfield Zoning Board of Adjustment could grant temporary location and occupancy permits for mobile homes in other zones when it determined that such use was a temporary expedient.

[826]*826The Sanvilles purchased a five-acre lot of land in the Rural Conservation II zone in August 1981. In September 1981, they obtained a building permit for a single-family house and a ninety-day permit for the location and occupancy of a camper on their lot while they constructed a house on the lot.

In October 1981, the Sanvilles replaced the camper with a mobile home, and in April 1982, received a ninety-day extension of the permit to occupy their mobile home.

On July 13, 1982, the Sanvilles received a letter from the town zoning administrator notifying them that their temporary permit had expired and that, because no definite progress had been made on their home, they had to remove the mobile home by August 1, 1982. Their request for another temporary permit was denied by the zoning administrator, and they appealed to the zoning board of adjustment. On August 9, 1982, the zoning board of adjustment held a hearing at which the Sanvilles testified that: they intended to build a house once money was available and interest rates were down; they were unable to move their mobile home to a mobile home park because the parks were full; and they believed that State law allowed mobile homes at any location in town if the mobile home parks were full.

The zoning board of adjustment upheld the zoning administrator’s refusal to renew the Sanvilles’ permit because of their failure to comply with the town’s mobile home ordinance. On September 9, 1982, the town filed for an injunction in superior court, based on its zoning and mobile home ordinances, requesting that the Sanvilles be ordered to remove their mobile home from their property.

At the time of the Sanvilles’ request for another temporary permit there were no individually owned lots in the mobile home parks of Plainfield. There were also no approved subdivisions in Plainfield in which a person could purchase a lot for the permanent placement of a mobile home, nor had the town ever received an application to develop such a subdivision. The town now takes the administrative position that the term “mobile home park,” prior to the 1983 amendments to the mobile home zoning ordinance, included the concept of a subdivision in which individual lots for mobile home occupancy could be sold rather than leased. At all times in this case, the town’s zoning and mobile home ordinances prohibited the permanent placement of a mobile home in the zoning district in which the defendants’ property is located.

The legislature enacted RSA 31:119 (Supp. 1983) in 1981. Laws 1981, 406:2. The purpose of this statute was to “provide adequate housing opportunities . . . [in] affordable, reasonably priced, quality homes” (Laws 1981, 406:1) by prohibiting towns from totally exclud[827]*827ing manufactured housing. Laws 1981, 406:2. RSA 31:118 (Supp. 1983) (recodified at RSA 674:31 (Supp. 1983)), defined manufactured housing to include what are commonly referred to as mobile homes.

In RSA 31:119 (Supp. 1983), the legislature delineated three ways by which a municipality, if it chooses to do so at all, can regulate the location of manufactured housing:

“A municipality which adopts land use control measures shall allow, in its sole discretion, manufactured housing to be located on individual lots in some, but not necessarily all, residential areas within the municipality, or in mobile home parks and subdivisions created for the placement of mobile homes on individually owned lots, or in all 3 types of locations.”

This statute was approved on June 23, 1981, and became effective on August 22, 1981. Laws 1981, 406:3. Accordingly, noncomplying municipalities had to enact new regulations in conformance with RSA 31:119 (Supp. 1983).

The superior court transferred the following questions to this court without ruling:

“I. Does the March, 1982 Plainfield Zoning and Mobile Home Ordinance, pursuant to which Plaintiff seeks injunctive relief against the Defendants, comply with RSA 31:119?
II. Have the Defendants obtained a nonconforming use regarding the location of a mobile home on their property:
a) because of the failure of the March, 1979 Plainfield Zoning and Mobile Home Ordinance to comply with RSA 31:119? and/or
b) if the answer to Question I is no, because of the failure of the March, 1982 Plainfield Zoning and Mobile Home Ordinance to comply with RSA 31:119?”

The Sanvilles contend that because the Plainfield Zoning and Mobile Home Ordinances did not comply with RSA 31:119 (Supp. 1983) on the date upon which that statute went into effect, or when the ordinance was amended in, 1982, the ordinance as applied to them was superseded and therefore invalid. They further argue that, because the ordinance was invalid, Plainfield had no effective mobile home regulations which restricted the placement of mobile homes on individually owned lots. Therefore, the placement of their mobile home in Rural Conservation II zone was legal, and remains legal, as a nonconforming use. We agree with the Sanvilles’ position.

[828]*828Plainfield’s mobile home zoning ordinance was not in compliance with RSA 31:119 (Supp. 1983) when that statute took effect because it impermissibly restricted the number of mobile home parks and the number of spaces within the parks. As the town admitted in its brief, “such numeric restrictions would not comply with the statutory requirement that mobile homes, either located in mobile home parks or subdivisions, be allowed within at least one entire zoning district within the Town.”

The Sanvilles argue that the ordinance did not comply with the statute for the additional reason that, before the ordinance was amended in 1983, it did not provide for any individual ownership of land upon which to put mobile homes as required by RSA 31:119 (Supp. 1983). The town contends that both the 1979 and 1982 versions of the ordinance provided for ownership because the term “mobile home park” included the concept of “subdivision” in which lots could be purchased.

There is no indication in the language of the mobile home ordinance, which governs mobile home parks, Plainfield Zoning Ordinance § 3.4, that the town allowed ownership of lots within such parks. The town defined “mobile home park” twice in its 1979 zoning ordinance. Section 8.7 defined such a park as:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Town of Surry v. Starkey
332 A.2d 172 (Supreme Court of New Hampshire, 1975)
Dearborn v. Town of Milford
411 A.2d 1132 (Supreme Court of New Hampshire, 1980)
Bell v. Arel
461 A.2d 108 (Supreme Court of New Hampshire, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
485 A.2d 1052, 125 N.H. 825, 1984 N.H. LEXIS 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-plainfield-v-sanville-nh-1984.