Waterhouse
County of Santa Cruz v. Waterhouse
Opinion
Opinion
Rushing, J.
Statement of the Facts and Case
Yacht Harbor Manor Mobilehome Park is owned and operated by defendants and respondents Kenneth Waterhouse and Waterhouse Corporation (Waterhouse).
Pursuant to the California Mobilehome Parks Act (MPA), which vests the power to issue permits for the installation of mobilehomes in California with the California Department of Housing and Community Development (HCD), Waterhouse applied for a permit to install a two-story mobilehome in the Yacht Harbor Manor Mobilehome Park. HCD initially rejected the application because it was incomplete, but subsequently issued the permit in August 2001.
Prior to HCD issuing the permit to Waterhouse, in June 2001, plaintiff and appellant County of Santa Cruz (the County) adopted an interim ordinance, which prohibits mobilehomes within mobilehome parks from exceeding one story or 17 feet in height unless the County grants an exception.
The County filed an action in superior court requesting injunctive and declaratory relief against Waterhouse for its plan to install the two-story mobilehome without the County’s express approval. The case was submitted by stipulation of the parties on the basis of briefs,…