City of Colby v. Hurtt

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from a conviction under a zoning ordinance restricting the location of mobile homes. The facts are not in dispute.

In 1969 the governing body of the city of Colby adopted an ordinance providing for the location and services for mobile homes. The ordinance is too lengthy to be presented in full, but it is sufficient to say mobile homes were restricted to designated areas. We quote the three pertinent sections:

“22-201 . . . After adoption of this Ordinance, no mobile home, as herein defined, shall be located in any area…