CopyPublished | Supreme Court of Georgia | Oct 8, 1986 | 348 S.E.2d 645
...The town clerk denied the Cains’ request for a permit to park the mobile home on the lot, and the Cains subsequently received a citation for parking a mobile home in the town without permission. The mayor and the town council based their decision to deny the permit upon Section
6-2-2 of the Book of Ordinances for the Town of Sparks.2
1. The appellants contend that Section
6-2-2 does not apply to *311mobile homes.
Decided October 8, 1986.
Jack W. Carter, for appellants.
Thomas & McClain, Howard E. McClain, for appellees.
Section
6-2-2 reads, “No building shall be erected in the town for use as a residence nearer than 10 feet from the boundary of the lot upon which it is erected; and no residence shall be erected on a lot of less than 10,000 feet in area, or with a width of less than 80 feet.” Black’s Law Dictionary (5th ed....
...le home on the lot. Construing this ambiguous statute in favor of the property owner, Bd. of Commrs. of Henry County v. Welch,
253 Ga. 682, 683 (324 SE2d 178) (1985), we find that the Cains have not “erected” a mobile home on their lot, and that Section
6-2-2 does not apply to their action.
2....
...OCGA §
9-6-20.
Judgment reversed.
All the Justices concur, except Weltner, J., who dissents.
The Cains challenge the constitutionality of the ordinance involved here, therein vesting jurisdiction in this Court.
On August 13, 1984, the town council adopted an ordinance similar to Section
6-2-2 which applies explicitly to mobile homes.