Pearl River man says he won't fight town for dwelling

By Anne Lautzenheiser
St. Tammany News
Published on Monday, April 13, 2009 7:39 AM CDT



Nearly a year after purchasing a piece of land and attempting to place a tiny home on it, a Pearl River man said he will most likely take a loss on the endeavor.

Jerry Mobley purchased the property at 39422 Maple St. in June 2008 when it was a vacant, weedy lot. He cleared the land and trucked in several loads of dirt. He got a certificate of occupancy later that month and asked Pearl River Mayor James Lavigne for permission to place a small building on the property.

According to Mobley, he got the green light to proceed after he sent the mayor pictures of the dwelling he intended to purchase from a Mississippi company.

Jerry Mobley stands on the porch of his Maple Street mobile cottage. (Staff Photo by Anne Lautzenheiser)

“The Town Hall basically told me I could have anything I wanted,” Mobley said. “Nothing was ever said about the type of house it had to be or what size was required.”

After purchasing the residence and placing it on his property, Mobley received a permit on Feb. 2 that gave the square footage as 432 square feet and described the structure as a building with “metal frame, sides and roof.”

Mobley set to work installing plumbing and other renovations to make the place habitable.

However, a neighbor filed a complaint, reportedly stating the building would bring down property values. Mobley found the complaint puzzling, as several other lots in the vicinity contain multiple mobile homes, metal buildings and houses in various states of disrepair.

Mobley soon got a cease and desist order to stop working on the home. He called all five aldermen to discuss the issue, and even had the company from which he purchased the building fax a letter to the town hall stating the building was in fact intended to be a mobile home/cottage.

At the February meeting of the Board of Aldermen, the complainant, Charlie Franklin, brought his protest before the board. According to the minutes of that meeting, Franklin insisted the building was a shed, not a trailer, and reportedly became so agitated that Lavigne threatened to remove him from the Town Hall.

Eventually, three of the five aldermen voted to revoke Mobley’s permit, with two abstentions.

According to the parish building code, a permit can be revoked if it was secured under false pretenses or misrepresents the work to be performed.

Mobley insists his permit was quite clear about the building, but several aldermen disagreed, and said the structure could not be used as a residence.

“It’s a shed, and he’s trying to add onto it to make it a house,” said Alderman Virgil Phillips. “If he comes up with some new plans they will still have to go to the planning and zoning commission for review.”

The issue was also raised as to the size of the building. The area is zoned R-3, and it states the living area for a dwelling must be at least 1,100 square feet. However, the ordinance also states mobile homes are allowed as long as they comply with the mobile home ordinance.

That law does not specify a minimum size requirement.

Mobley maintains his building meets the definition of a mobile home because it is portable, like many modular homes or “Katrina cottages” that are assembled in another location and transported to the site.

Mobley revised his plans to meet the minimum square footage requirements, and submitted them via a licensed civil engineer two days later. He also received a sewer and water permit and proceeded to tie into the town’s sewer line.

Before he could finish, he was allegedly threatened with jail time if he continued working on the property.

“So now I’m paying for plumbing that I can’t use,” said Mobley.

Mobley secured signatures from nearly two-dozen neighbors stating they had no problem with his dwelling.

By the time the next town hall meeting rolled around, on March 10, Mobley was informed his new plans, which added an open porch along one side of the house, and a sunroom along the other, were not acceptable.

He was told the open porch could not be counted toward the minimum square footage, even though his engineer stated he had been informed they would.

It was recommended then that an official building inspector be hired. Phillips indicated the town would be required to hire one by 2010 due in part to changes in building codes, and that doing so might help avoid future conflicts.

Mobley said he feels he has followed all the rules. A lifelong Pearl River resident who worked for the city of Slidell for 33 years, Mobley said he was just trying to own his own small home without going into debt. He’s now trying to arrange for the disputed building to be picked up.

He has no plans to pursue the matter in court.

“I could go through the legal process, and I think I could win, but it would take a couple of years and cost me even more money,” he said. “I guess I’ll have to take a loss on it.”

An April 14 public meeting will address proposed changes to the mobile home ordinance. The changes include prohibiting the use of camper trailers as a residence and a ban on modular homes within town limits. The meeting will begin at 6:45 p.m.


Comments

39 comment(s)

    Patricia wrote on Apr 20, 2009 2:23 PM:

    " According to another news article by the Newsbanner, Jerry went to a council meeting in Pearl River and advised them he was buying a new trailer instead. Jerry - I hope you still pursue any money you lost as a result of their incompetence. "

    friend from out of town wrote on Apr 19, 2009 5:34 PM:

    " This man deserves a home an I have a family member there. This neighbor is as a person in the Bible who tried to put down the Isralites. By doing this to this man God will remove that so called neighbor who wants is sit in his house and look out their window. When the neighbor should have got out and went and met his neighbor and offered to help instead of calling the alderman. The alderman should make the neighbor bring their house up to code. Alderman needs to clean their own houses. "

    redneckgirl wrote on Apr 18, 2009 1:48 PM:

    " Wow, I have lived in Pearl River all my life, and I have to say since the storm it is filled with people who are more worried about what people look like, what they drive, and where they live. To me that is total crap. I loved when i was younger living here because i never felt like i was judged. now people are being judged by the way there house looks. The neighbor that went and complained is ignorant, racial, and really needs to get a life. To me sounds like they need to get the H*ll out ofhere "

    Cranky neighbor wrote on Apr 17, 2009 11:07 PM:

    " t "

    Lucinda wrote on Apr 17, 2009 7:47 PM:

    " The idea that it's not liveable because it's small is laughable. Maybe YOU wouldn't live in a house as small as a shed but there are people in the world who lived in igloos. People do what they have to. We're not all born with silver spoons, sir. That may be the law but he built it in good faith with permission to do so. The city should repay him. Pearl River's mayor is an unfair man when the city damages someone's property. He won't pay the damages. Similar thing here. It could be any of you next. "

    Q. T. wrote on Apr 17, 2009 12:18 PM:

    " It appears to be a Katrina cottage. What is so wrong with that? The man is living in a frugal and admirable manner. Shame on the Pearl River (what exists in that ugly place anyway?). This man is living in the manner of our founding fathers, in a small cabin. Then you build a bigger home as your prosperity allows. I commend him. The McMansionists are fools. "

    Amanda wrote on Apr 17, 2009 10:32 AM:

    " This is why I moved out of Louisiana. Crooked polititians, always willing to step on the little man to make a buck.
    Now Mr. Mobley has to go into debt, which he didn't want to have to do, to satisfy the creeps in town hall. Because of this, they hurredly passed an ordinance to prohibit anything they don't like. Why not pass an ordinance to get rid of the crack trailers and make land owners clean up their land and make it presentable, otherwise face a fine until it is up to code. "

    R.SIDE wrote on Apr 16, 2009 10:25 AM:

    " Citizens of Pearl River unite. It is evident this man is the target of a few who think they are better than everyone else. If the citizens of Pearl River would unite, and call thier mayor, and city counsel members, maybe march on city hall, have a barbecue or fund raiser this mess would get fixed. There is a right and a wrong here. Common sense should prevail, not the opinion of someone who thinks they are better than everyone else. Have a fund raiser, I will be there. "

    curious07 wrote on Apr 16, 2009 10:02 AM:

    " TO: "tamstress" and "neighbor"

    A home is where your heart is... quit judging people!

    AND, you are complaining about the size, it is not much smaller than the old, dilapitated, UGLY, unkempt trailors that your local crack-heads live in. Pearl River may look like it is "moving up" but it isn't going to last long, the politicians will tire of the game once their pockets are lined enough, and it will be the same ol, same ol.

    Get a life, and let this man live his. "

    neighbor wrote on Apr 15, 2009 10:24 PM:

    " First of all, I was not the one who went to the town hall to complain. I have better things to do than go there for something like that. I think the building should be brought up to code. I'm sure he is a nice man(nothing personal) but it is a shed... 432 sq feet living. If I remember right code states living should be 1100 sq. feet I do agree that he should've been notified of code.. Before & now I Just stated my opinion. Isnt that what this comment section is for ?? "

    so glad i moved out of PR. wrote on Apr 15, 2009 10:14 PM:

    " This man has done nothing wrong if ya have such a problem with his home why don't you buy him something bigger to live up to your standard's?Times are very hard these day's but i guess if you aren't a politican or a law officer then you can't get away with anything i know several good and bad people and 95% that are bad are either law enforcement or politican's so Mr. Mobely stand up for your right's!!!! It's all in who you know!!!I have learned that the hard way!!!!!!good luck to you sir!!! "

    Paul wrote on Apr 15, 2009 6:47 PM:

    " While Mr. Mobley's intentions may have been pure, his structure does not meet the zoning requirements (no matter what he was told by the people who sold it to him). Once this was discovered, the permit was revoked. If he chooses to change his plans to meet the requirements (and no, a porch is not normally considered living space), he should have no trouble. It's that simple.

    And finally, you cannot blame the neighbors for wanting zoning enforced. If the residents of Pearl River want things changed, they should work to change their zoning laws. "

    dome wrote on Apr 15, 2009 9:09 AM:

    " i would get a lawyer my man.i can't remeber the case but it was an ice house v city of petal in ms. that had the same thing happen they gave them the green light and the permits and then would not give them the lisense to operate it..well they took it to court and the judge ordered the city to give it to them stating that you can't give a man a permit to do some thing then after spending all that money,then so no you can't. so get a lawyer "

    Patricia wrote on Apr 15, 2009 8:59 AM:

    " I've known Jerry for years though I haven't seen him for years. He's one of the most honest, humble, and responsible people I have ever known. It's a shame that he did what he was supposed to do (as he always does) and his home town failed him. Mr. Neighbor-it's a shame you'd rather throw away a great neighbor like Jerry so you don't have to look at his "small" house. Maybe you need to look inside yourself rather than "out your window." Jerry-it's precious and you should pursue this since they gave you apermit. "

    R. SIDE wrote on Apr 15, 2009 8:41 AM:

    " Mr Mobley please get a lawyer and engage this class of clowns. I have friends in Pearl River, and part of the charm of this area is the residents who do not judge others, generally hard working Americans living thier own lives, and leaving each other alone.
    Get a lawyer sue the city till it bleeds, let the property deteriorate back to the mess it was, maybe put a couple of junk cars on it, and buy a place where people are real, and care about thier neighbors. I would be honored to call you neighbor. "

    Bob wrote on Apr 15, 2009 8:22 AM:

    " The local government giveth and it taketh away. The real fault lies with the Pearl River government. Mr. Mobley was up front with his proposal when he applied for a permit and even stated the square footage of the unit. A PERMIT was issued. What kind of incompetents does the town of Pearl River have working for it? If the square footage was in violation at the time he applied for a permit, why was the permit issued? Can the town staff not read? "

    tamstress wrote on Apr 14, 2009 4:51 PM:

    " This is not a home, it is a shed. What is a shame is that the government has to step in to protect people from themselves. Anything that has to be "brought up to code" is not a livable structure. You can't live in a dog house either. Does the town council have to explain that to you? "

    Angry Pearl River Res. wrote on Apr 14, 2009 2:59 PM:

    " Mr.Mobley FIGHT THIS!Don't give up.As long as everyone rolls over and takes it nothing will ever change here.This town is a joke with small minded people running the show.If you were realted to the right people it wouldn't even be an issue.There is nothing wrong with this mans plans for his home.You do what you have to do to put a roof over your head.This small HOUSE has more potential than most houses in this town.They over look the trashy trailers with yards full of junk,trash piles,and broken down cars but not someone trying to make a home. "

    legaleagle07 wrote on Apr 14, 2009 1:24 PM:

    " Mr. Mobley, you have a strong case, I urge you to contact an attorney, one may take your case pro bono due to the fact it is an easy win, plus they might like the challenge of uncovering the horrible corruption in Pearl River. Please call WDSU-6 on your side, let them help. I urge you to take a stand! Your home looks nothing like the "crack houses" I have seen in Pearl River, it is quite charmimg. "

    bull Sh wrote on Apr 14, 2009 9:54 AM:

    " Mr.Mobley,
    If I were you I would sell the land to some real trash to make your neighbor happy. Then You buy some land somewhere else other than Pearl River and get another little cute cottage.Reading the article I can tell you are a down to earth intelligent man. Im sorry for you that you couldn't have been blessed with a better neighbor than that. Stay Strong and may the Lord work things out for you. God Bless. "

    this is bullshi wrote on Apr 14, 2009 9:46 AM:

    " Neighbor maybe you should invest in some Dam* blinds for your home if you dont like what his cottage looks like.
    It sounds like you area jealous person.F.Y.I. Pearl River will never move up in the world as long as you live there.This man worked for 33yrs and is trying not go in debt, it looks like you are ignorant to the fact that he is an intelligent man and therefor you are NOT. All I can say for you is you better watch it because what goes around comes around. "

    PaveOurLake wrote on Apr 14, 2009 9:31 AM:

    " I agree with C.M. Smith. Let the ACLU finally do something good. Mr. Mobley, you ought to give them a call.... "

    Pearl wrote on Apr 14, 2009 8:39 AM:

    " The gentleman was building a small cottage. In these times of ecomonic uncertity building something within your means seems to be a smart move. To think that a small minded person and an equally small minded govt. would create a stumbling block is unbelievable. The owner is being ecomonically and enviromentally responsible. He should go to the ACLU. "

    Grey Witt wrote on Apr 14, 2009 7:27 AM:

    " I dare say the neighbor who posted the comment,"I look at this so called, HOUSE everytime I look out my window", is a very, small, small man or woman.

    He or she claims that Pearl River is moving up, meanwhile the whole country is moving in the direction of bankruptcy. What world is this neighbor living in?

    Mr. Mobley purchased the land legally, filed all the right permits for the building and in the final hour he was denied his home because of one neighbor's opinion! Something is very, very, wrong! "

    P. Morgan wrote on Apr 14, 2009 6:59 AM:

    " I certainly agree with Jack: government is the problem. This is just ridiculous. I'm a firm believer in property rights. I sympathize with someone that may not like it but tough. It's not hurting anyone and doesn't pose a safety problem for Mr. Mobley's neighbors. Typical government run around. "

    Gary Galloway wrote on Apr 14, 2009 4:15 AM:

    " I would place the "proper size" mobile home on the lot and paint it flamingo pink ! "

    Grey Witt wrote on Apr 13, 2009 10:50 PM:

    " Simple, classic and a basic start on a petite home. Love it! So much potential, by adding shutters, landscaping and a samll wing, the structure would be absolutely charming! Shame on the small minded neighbor for not having the insight nor the desire to be accepting to someone who was only trying to acquire what we all are trying to achieve, a place to call home. "

    neighbor wrote on Apr 13, 2009 10:28 PM:

    " I look at this so called " HOUSE " everytime I look out my window.. I dont know where these 2 dozen neighbors are that said they have no problem with it- I was never asked. It looks ridiculous ! Pearl River is moving up in the world.. Most mobile homes arent that small .. "

    Jack wrote on Apr 13, 2009 9:27 PM:

    " This is pitiful....another example of why government IS the problem...I'd like to know what type of "Mansion" the complaintant lives in that is being so terribly devalued by this man's micro-home....and what kind of idiots issue a permit and then revoke it??? "

    That figures... wrote on Apr 13, 2009 9:06 PM:

    " ...maybe if you had shown them plans for a huge warehouse that will bring them lots of tax $$$, maybe THEN you wouldn't have had any problems. I sympathize with you and wish you good luck, Mr. Mobley...it's actions like these that make people totally distrust the government that is supposed to be representing them. "

    crazy wrote on Apr 13, 2009 8:38 PM:

    " What the heck? This man is completely entitled to live in this home if he so chooses. What right does the town have to say if he can live in it or not? Does he own the land? YES he does. Let him live in whatever he wants!!!!!!! "

    Lewis wrote on Apr 13, 2009 4:42 PM:

    " IT's a shame a man can't buy a piece of property and live in a small home or even put a shed on it. All these permits are bull and putting money into the city, parish officials pockets. People work to pay their taxes and then the town don't want you as a neighbor this is just a sad parish we live in. "

    Stephanie wrote on Apr 13, 2009 4:38 PM:

    " Looks like a Katrina Cottage to me. It's too bad 1 person can ruin someone's life because they don't like something, or it isn't up to their standards. "

    Christy wrote on Apr 13, 2009 3:19 PM:

    " OMG THEY ARE GETTING AS BAD AS SLIDELL. POOR GUY, ITS A SHAME. "

    Pine Street wrote on Apr 13, 2009 1:16 PM:

    " If he was kin to certain aldermen, they would never stop him! "

    RON wrote on Apr 13, 2009 12:48 PM:

    " By all that's sound the city council there are idiots. the guy should so the shXX out of the town. he goes through all the expense of building something for himself to live in, tried to bring it up to code and some good for nothing town gives him the runaround. "

    Halbert Albert wrote on Apr 13, 2009 11:05 AM:

    " what a shame . . . a jealous greedy neighbor stabbed him in the back.... "

    Paul Johnson wrote on Apr 13, 2009 10:48 AM:

    " If Mr Mobley obtained all the necessary permits all along, what right has this Mr Franklin have to complain? Why did the Aldermen agree with Franklin? Just another case of Louisiana politics siding with a minority of one and going against the legal process Mr Mobley followed. "

    C.M. Smith wrote on Apr 13, 2009 10:32 AM:

    " This cottage does not appear to have an axle or wheels therefore it is not "mobile". The law states a mobile home is a dwelling with wheels and an axle. To demobilize a mobile dwelling you must file a demolization with the Clerk of Court office in the parish in which you reside. Mr. Mobley, please seek a good ACLU attorney and fight for your rights. Don't let one man run you away from your own property. Stand up for your rights and keep up the fight. "

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