Hill v. Duncan

MlKELL, Judge.

The parties to this action own property in Circle East subdivision in Stephens County. One of the subdivision’s restrictive covenants states that “[n]o mobile home shall be permitted on any lot.” When Bob F. Hill, Jr. and Jo-Ann Hill sought to place a modular home on their lot, Roger Duncan and Paul Westmoreland (“plaintiffs”) filed suit requesting declaratory and injunctive relief. The trial court denied their request, ruling that the structure at issue was not a mobile home. Plaintiffs appeal, and we affirm.

Whether a dwelling is a mobile home is a mixed question of law and…