Dalton v. Van Dien

On October 27,1972, this court, after a trial without a jury, rendered a declaratory judgment declaring that the zoning ordinance of the Town of Warwick to the extent that it would prohibit the plaintiff from maintaining a mobile home on his property, is unenforceable.

The court’s decision was based in part upon a finding that the defendants’ express policy of not enforcing its prohibitions against mobile homes placed in the town prior to 1966 was premised upon an arbitrary classification, and that to allow the defendants to enforce these prohibitions against the plaintiff, who had placed his…