Emerald Coast Estates Itzen Brothers V. Davis Case
Posted in the Brookings Forum
#1 Aug 30, 2010
I have had the opportunity to read Valliant Corley’s article about the Court of Appeals’ decision upholding the Curry County Circuit Court’s decision in the Emerald Coast Estates v. Davis case.(Pilot, July 31).
I am the attorney that argued the case for the Davises and there was a big error in the story. What the Court of Appeals did was to affirm Judge Margolis’ decision that the “For Sale” sign could be placed anywhere on the home and not just in the window. The Circuit Court did not uphold Emerald Estates’ right to prohibit a sign.
Judge Margolis issued a well-written opinion holding that Emerald Coast Estates could not restrict the sign to just being in the window of the manufactured home.
When the Oregon Appellate Court issues an opinion affirming the lower court without issuing an opinion itself, that represents a feather in the cap of the lower court judge as the opinion written by the lower court judge stands on its own without any correction by the Appellate Court needed.
This case represents a victory for manufactured home park tenants who want to sell their homes as the rule limiting the placement of a “For Sale” to the window by Emerald Coast Estates was considered to be unreasonable and unenforceable.
David S. Tilton,
attorney at law
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