Lynch v. Tunnell

Herrmann, Justice:

The defendants, constituting the State Board of Health (hereinafter the “Board”), appeal from a preliminar}'-injunction barring the Board from requiring a permit for the operation of a mobile home park by the plaintiffs (hereinafter the “Owners”). The determinative question is whether the Board has the power to require such permit. We think not.

I

These facts are undisputed: The Owners have developed an area on Indian River Bay in Sussex County for the purpose of renting sites for mobile homes, catering primarily to those who would own and use such homes as semi-permanent…