JONATHAN DOUGLAS v. FIVE STAR PROPERTIES, INC. - Articles

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JONATHAN DOUGLAS v. FIVE STAR PROPERTIES, INC.

Posted by: Azya Thornton on Nov 18, 2024

Court: TN Court of Appeals

Attorneys 1: Noah J. Patton, Tazewell, Tennessee; and Thomas Werth Thagard, III, John C. Neiman, Jr., and Nicolas H. Peck, Birmingham, Alabama, for the appellant, Five Star Properties, Inc.

Attorneys 2: Lauren Armstrong Carroll, Morristown, Tennessee, for the appellee, Jonathan Douglas.

Attorneys 3: Robert L. Vance, Knoxville, Tennessee, for the amicus curiae, Next Step Network, Inc.

Attorneys 4: Daniel S. Weber, Birmingham, Alabama, for the amici curiae, Clayton Homes, Inc. and The Manufactured Housing Institute.

Judge(s): DAVIS

Jonathan Douglas (“Mr. Douglas”) filed a Complaint to Enforce Deed Restrictions seeking to enjoin Five Star Properties, Inc. (“Five Star”) from building a CrossMod home in a subdivision in which the parties each own property. Mr. Douglas argued that the CrossMod is a “mobile home” and is thus prohibited by the parties’ respective deeds. Following a bench trial, the trial court entered judgment in favor of Mr. Douglas. Five Star appeals that judgment. We conclude that the CrossMod home at issue is not a “mobile home,” reverse the judgment of the trial court, and vacate the injunction entered by the trial court.

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