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Sweet v. Roy4/26/2002
tive purchasers" and from refusing entry to any purchaser who "qualif under uniformly enforced, written, reasonable terms of the park lease." The court also awarded damages and attorney's fees for the State and Mr. Wright.
At the time of the Wright suit, the park contained sixty-six lots of which sixty-five contained a mobile home. Residents of the park owned fifty-seven of these mobile homes, and the Roys owned just eight. By the time of this trial in January 1999, and despite the judgment in the Wright case, the Roys owned approximately thirty of sixty-three mobile homes in the park. From 1993 until 1997, no homes were sold to new park residents.
Most of the rest of plaintiff's evidence involved incidents close in time to the events involving plaintiff. Ken Scott testified that he purchased the mobile home on the lot next to plaintiff's, lot 34, in February 1997. He used his $5000 savings to buy the mobile home. Prior to doing so, he had his real estate agent send defendants a certified letter asking to be qualified as a park resident. Defendants orally refused without stating any reason and told Scott the park did not have a standard written lease. Scott moved in and began sending rent payments to defendants. He was later confronted by Leon Roy, who advised him that he would not be able to stay in the park. Soon after this encounter, someone removed the drain plug from Scott's kerosene tank causing a fuel spill and a costly clean up by a state environmental team. Someone also threw rocks through his windows and cut off his power. Scott eventually left the park due to the vandalism and associated stress.
Although he was offered $7000 for his mobile home, he could not sell it because Leon Roy refused all purchasers. A realtor used by Scott testified that she had sent defendants a certified letter on behalf of two prospective purchasers of the Scott mobile home, but that she had received no response from defendants with respect to either.
Tracey Schwartz and Justin Schwartz testified that the mobile home involved in the instant appeal, located on lot 35, was sold to plaintiff by Justin Schwartz in February 1997. He purchased the mobile home from his aunt, Tracey Schwartz in 1996; Tracey Schwartz had lived in the mobile home on lot 35 from 1982 to 1996. She tried to sell the mobile home once before. She testified that her attorney had sent defendants a letter and received no response. Later, defendants declined her prospective purchaser without a reason: they merely stated that the purchaser was declined and that "they knew the reason." Tracey eventually sold the mobile home to Justin without notifying defendants.
Before moving into the mobile home, Justin Schwartz repeatedly attempted to call defendants to obtain a lease. In December of 1996, someone threw a rock through his front door. Schwartz also testified that he had arranged to have cable service installed at the mobile home. When the company failed to come, he called them, and they told him that defendants had said not to install the cable because Schwartz was not going to be there long. In late December or early January, Schwartz noticed that there was a bullet hole in his kerosene tank that caused the fuel to leak out onto the ground. After this was repaired, someone poured water into his fuel tank, and the fuel lines froze. Finally, Schwartz decided to sell the mobile home and move out. He repeatedly tried to contact defendants in an effort to follow whatever procedures were required to sell the mobile home, but defendants never responded.
Joe Candal testified that he had been a park resident for seven and a half years, residing on lot 29. He eventually decided to sell his mobile h
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