The Huntington Beach City Council avoided the embarrassment of going to trial on contempt of court charges over their processing of Pacific Mobile Home Park’s subdivision conversion application by entering into a settlement which ended the dispute.
You might recall the City fought the subdivision “conversion” application of Pacific for years. Pacific had to file a lawsuit, which the City not only aggressively defended, even utilizing “strong arm” tactics, such as bringing a cross-complaint seeking immediate physical removal of homes owned by park tenants who were claimed to be “trespassing” in an unused City right of way. The City initially lost its battle over the subdivision in July 2012, when an Orange County Superior Court judge reversed the City’s denial of the application and ordered the City to reconsider the application. That prompted the City Council to approve the Application in November 2012.
In December 2012, a newly elected City Council, voted to reconsider the Application, purporting to rescind the prior approval, with no notice to the Park Owner. We succeeded in getting an emergency order not only invalidating the City Council’s vote, but also barring the City Council from reconsidering the Application. Later in the month the City Council voted to “re-affirm” the prior vote they had taken to reconsider the application, with only one City Council Member voting no. It was after that vote that Superior Court Judge Luis Rodriguez granted an order setting a contempt trial ― the City Council members would have to stand trial for criminal contempt of court for violating a court order.
The City Council abandoned reconsideration of the subdivision application rather than deal with a potential criminal trial. The effect of the vote was to finalize the approval of the subdivision. The City also entered into an agreement with Pacific to dismiss the cross-complaint.
The California State Senate is currently considering revisions to Government Code § 66427.5 in the form of SB 510, which would enhance the ability of local government to block mobilehome park conversions Judging by the actions of many local governments even without this authority, this change would be very bad news for park owners. The actions of the City of Huntington Beach are a prime example. While local governments have continued to fight the limitations of Government Code § 66427.5, this case illustrates that courts have enforced those limitations. Park owners should support the efforts of WMA, MHET and similar organizations to fight changes to the subdivision law.