Loading...

Superior Court To Review Mobile Home Eviction Case

Loading...

In an decision signed Tuesday, Sullivan denied a request from attorney Michael B. Cohen, on behalf of Larry Milby and Southern Christian Ministries, who asked for a stay on an Aug. 18 order requiring the removal of seven mobile homes in Shaw Mobile Home Park.

As a result of Sullivan’s denial, Cohen said he is now in a position to petition the higher court for intervention.

Loading...

Sullivan, who anticipated the appeal, rendered a subsequent opinion Wednesday that will be forwarded to Superior Court, seeking affirmation of his judgments.

In the Aug. 18 order, Sullivan granted an eviction at the request of Chyrell Pote, executrix of Margaret Shaw’s estate. Pote has been involved in ongoing disputes with Milby and SCM, who hold titles to mobile homes on lots 2, 3, 11, 12, 15, 16 and 19.

Part of Sullivan’s ruling was based on his conclusion that there was “never any valid and enforceable agreement between the parties that Milby and SCM were entitled to a lifetime lease.”

The judge also recognized a dispute over the amount of rent due, which he said was a primary reason Pote asked for the eviction order. Sullivan attempted to address that issue in his order by identifying $248 per month per lot as the rental rate effective Feb. 1, 2016.

Attorney Robert Lape, who represents Pote, said Wednesday that he is discussing some options with Cohen for residents of the mobile homes, who based on Sullivan’s order, could be forced into finding new places to live.

“We’re trying to work something out,” Lape said. “But I don’t know if Milby will agree to any of it.”

Cohen acknowledged the discussion.

“We’ll see if we can come to some kind of agreement,” Cohen said.

In the meantime, Sullivan indicated his Aug. 18 order remains intact and based on that ruling, Milby and SCM’s mobile homes were to be removed from the park within 30 days of the order. Failure to comply subjects them to a $100 per day fine.

The Superior Court has no specific time frame for addressing petitions like the one Cohen is filing.

Mirror Staff Writer Kay Stephens is at 946-7456.

COMMENTS

>

Altoona woman takes deal in theft case

From Mirror staff reports HOLLIDAYSBURG — An Altoona woman has pleaded guilty to criminal charges of theft by ...

> >Wet weather >

Briefcase

LORETTO SFU program recognized The National Board for Certification in Occupational Therapy announced that for ...

>

Road drainage work to start

HUNTINGDON — Gran­nas Bros. Stone and Asphalt Inc. of Hollidays­burg will begin drainage work on Wednesday on ...

>

Franklin County man dies in crash

HUNTINGDON — A 19-year-old Franklin County man died Sunday morning after a three-vehicle crash on Route 22 in ...


Trending Hairstyles

Source : http://www.altoonamirror.com/news/local-news/2017/10/superior-court-to-review-mobile-home-eviction-case/

Superior Court to review mobile home eviction case
Two Rochester zoning cases heard by NH Supreme Court
CASTLE LAKE - a downmarket Kennesaw trailer park
Build 1,200 new homes on county land? Not so fast
Judge terminates parental rights of Groton couple
Judge dismisses mobile home park owner’s lawsuit
Lauryn Hill, homeless? Not quite, but singer faces two lawsuits
49ers star Reuben Foster charged with 3 felonies in domestic violence case
Orange County judge rules that Coastal Commission cannot prevent repairs to sea wall at mobile home park
Carter: Landlords say Newark man refuses to pay rent, trashes apartments, then ties them up in court