Coleman v. Thomas

Gary W. Coleman,
Plaintiff and Appellee,

v.

Harry Sherman Thomas,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000097-CA

F I L E D
June 8, 2000 2000 UT App 176 -----

First District, Brigham City Department
The Honorable Ben H. Hadfield

Attorneys:
Harry Sherman Thomas, Willard, Appellant Pro Se
Walter T. Merrill, Ogden, for Appellee

-----

Before Judges Bench, Davis, and Orme.

PER CURIAM:

The evidence supports the trial court's decision to require Thomas to move his ex-wife's mobile home from the Coleman Mobile Home Court within the specified time or to allow Coleman to dispose of it. The lease between Thomas's ex-wife and the mobile home park was not assignable and any transfer in ownership required a new agreement with the mobile home park. See Utah Code Ann. § 57-16-4(4) (1999). Thomas has no such agreement with the park. Moreover, the evidence supports the trial court's determination that the mobile home was "rundown" justifying its removal from the park. See id. § 57-16-4(7)(b). Thomas's own witnesses testified as to the odor of cat urine and feces emanating from the mobile home. Neighbors testified about the bad odor coming from the home and how they were unable to eat outside given the strong smell. Although lessened somewhat, the odor continued to be a problem even after Thomas's ex-wife died and he began occupying the mobile home.

Accordingly, we affirm the trial court's decision.
 

______________________________
Russell W. Bench, Judge
 

______________________________
James Z. Davis, Judge
 

______________________________
Gregory K. Orme, Judge