Emerald Coast Estates Itzen Brothers V. Davis Case

Posted in the Brookings Forum

Curry County truth

Crescent City, CA

#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
Coos Bay

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Brookings Discussions

Title Updated Last By Comments
Gold Beach Jukebox (Jun '12) 20 hr Musikologist 13
Nursery Nov '14 Kapi Taka 1
Murder suspect refuses extradition to Oregon (Aug '08) Oct '14 total BS 36
Gold Beach woman drowns in Rogue River after go... (Jun '14) Jun '14 Renee Brewer 1
Curry County Oregon Politics & Corruption (Oct '13) Nov '13 whodunit 2
Curry County voters once again reject property ... (Nov '13) Nov '13 TRZ 1
Korff Found not Guilty of Attempted Aggravated ... (Mar '08) Oct '13 Marlena Korff 14
Brookings Dating
Find my Match
More from around the web

Brookings People Search

Addresses and phone numbers for FREE

Personal Finance

Mortgages [ See current mortgage rates ]

NFL Latest News

Updated 5:39 am PST

NBC Sports 5:39AM
Raiders adding Sal Sunseri to defensive staff
NBC Sports 6:31 AM
Raiders hire Todd Downing as quarterbacks coach
NBC Sports 7:09 AM
Perry Fewell to interview for position coach job with 49ers
Yahoo! Sports 8:12 AM
The lure of LA for the NFL - mirage or 'must do'?
NBC Sports10:39 AM
Alleghany County sheriff: No conflict of interest with deputy working for Steelers