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Eddins v. City of Lewiston

November 26, 2010

STEVEN LEE EDDINS, PETITIONER-APPELLANT,
v.
CITY OF LEWISTON, AN IDAHO MUNICIPAL CORPORATION, RESPONDENT.



Appeal from the District Court of the Second Judicial District of the State of Idaho, Nez Perce County. The Honorable Jeff M. Brudie, District Judge.

The opinion of the court was delivered by: J. Jones, Justice.

2010 Opinion No. 119

The decision of the district court is reversed.

Steven Lee Eddins appeals the district court's decision upholding the City of Lewiston's determination that he is prohibited from replacing recreational vehicles currently located in his manufactured home park. We reverse.

I. Factual and Procedural Background

Steven Lee Eddins has owned and operated a manufactured home park in Lewiston, Idaho, since 2000. Eddins has continuously rented out a combination of standard mobile home spaces and recreational vehicle spaces to various tenants.*fn1 Eddins has a license to operate a manufactured home park, but does not have a license to operate a recreational vehicle park. In 2006, the City of Lewiston passed Ordinance 4398, which for safety reasons,*fn2 prohibits recreational vehicles from being located in manufactured home parks. More specifically, section 23-14(b) of the Lewiston City Code was amended to read:

Unit types permitted:

Manufactured home parks shall contain a minimum of seventy five (75) percent Class A Manufactured Homes. Up to twenty five (25) percent of a parks [sic] total units may be Class B Manufactured Homes. A Conditional Use Permit must be obtained in order to increase the ratio of Class B Manufactured Homes. Class C Manufactured Homes shall not be permitted.

Lewiston City Code section 23-14(b). Pursuant to the new regulations, recreational vehicles are not among the types of units permitted in manufactured home parks, as they are not considered Class A or Class B manufactured homes.

However, the new regulations provide a grandfather right for manufactured home parks that existed prior to the enactment of the ordinance in 2006. Section 23-17(a) provides:

Manufactured home parks in existence or under development as of the effective date of this ordinance shall be permitted to continue as an established land use regardless of zone but shall be exempt from the standards of 23-14, except as stated in this section.

Lewiston City Code section 23-17(a). Section 23-17(d) of the code then goes on to specify the type of replacement units allowed under the grandfather right:

Replacement units in manufactured home parks developed prior to the effective date [of the ordinance] may be Class A or Class B units, except that the mix of Class A and B units existing as of the effective date may ...


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