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City of Cordele v. Hill

Citations: 300 S.E.2d 161; 250 Ga. 628; 1983 Ga. LEXIS 593Docket: 39334

Court: Supreme Court of Georgia; February 24, 1983; Georgia; State Supreme Court

Narrative Opinion Summary

The Supreme Court of Georgia examined whether a dwelling owned by Mrs. Tanner qualified as a 'mobile home' under a city ordinance. The ordinance defined a mobile home as a single-family dwelling delivered to the site fully complete. Mrs. Tanner's dwelling, constructed in two separate parts to be joined together, did not meet this definition as it was not delivered complete, leading the court to reverse the trial court's injunction against its use. The court underscored the necessity of strictly interpreting zoning ordinances in favor of property owners, allowing ambiguities to resolve in support of free property use. Conversely, the dissent, led by Chief Justice Hill, argued that the ordinance's intent was to prohibit mobile homes, asserting that the majority's interpretation undermined this aim and permitted circumvention. Justices Marshall and Gregory joined this dissent. Ultimately, the court's decision favored Mrs. Tanner, allowing the continued use of her dwelling.

Legal Issues Addressed

Definition of Mobile Home under Municipal Ordinance

Application: The court interpreted the ordinance's definition of a mobile home as requiring the structure to arrive at the site fully complete and ready for use, which Mrs. Tanner's dwelling did not satisfy as it was delivered in two separate parts.

Reasoning: The ordinance defines a mobile home as a detached, single-family dwelling unit intended for long-term occupancy, delivered to the site fully complete and ready for use.

Legislative Intent and Ordinance Interpretation

Application: The dissent argued that the legislative intent was to exclude mobile homes, suggesting an alternative interpretation of the ordinance's language to prevent circumvention.

Reasoning: Hill contended that the majority's reading allowed for circumvention of the ordinance, suggesting that the word 'complete' should modify 'dwelling unit' instead of the phrase 'arriving at the site,' aligning with the city's clear purpose to exclude mobile homes from residential use.

Strict Interpretation of Zoning Ordinances

Application: The court applied the principle of strict interpretation of zoning ordinances in favor of the property owner, thereby resolving any ambiguities to permit the use of Mrs. Tanner's dwelling.

Reasoning: The court emphasized that zoning ordinances should be strictly interpreted in favor of property owners, resolving ambiguities to allow for free property use.