Russell v. Town of Granville

In 2013, the Town of Granville adopted an ordinance limiting new mobile homes and house trailers to existing mobile home parks. Patrick Russell and Sylvia Smith (together, Mr. Russell) requested a variance to the ordinance. The Town declined to grant the variance. Mr. Russell sought relief in the circuit court, claiming that West Virginia law prohibited the Town from regulating the placement of mobile homes and house trailers. The circuit court denied relief, concluding that the ordinance was valid and enforceable. The Supreme Court affirmed, holding (1) the Town had authority under W. Va. Code 8-12-5(30) to adopt an ordinance restricting the placement of new mobile homes and house trailers to existing mobile home parks; and (2) therefore, the Town’s ordinance was valid and and enforceable. View "Russell v. Town of Granville" on Justia Law