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.
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.