Issue: What is the correct interpretation of the ‘open space’ parking provisions for mobile homes set forth in Minnesota Statute 327.20 and Minnesota Rule 4630.0400
|Area of Law:||Administrative Law, Administrative Law & Regulation (Federal and State), Litigation & Procedure|
|Keywords:||Open space parking provisions; Mobile homes|
|Cited Statutes:||Minn. Stat. 327.20, § 327.20, subd. 1(3); Minn. R. 4630.0400|
The relevant language of the statute and rule at issue provides:
There shall be an open space of at least ten feet between the sides of adjacent manufactured homes including their attachments and at least three feet between manufactured homes when parked end to end. The space between manufactured homes may be used for the parking of motor vehicles and other property, if the vehicle or other property is parked at least ten feet from the nearest adjacent manufactured home position.
Minn. Stat. § 327.20, subd. 1(3) and Minn. R. 4630.0400.
Note that the second sentence, the only one to expressly address parking, contains no “open space” parking requirement, express or implied.FN1 The parking sentence simply does not use the term “open space.” Clearly, the term “open space” could have been included in the parking sentence had the Legislature so intended. But, in fact, the requirement contained in this sentence of both the statute and regulation is merely that vehicles may be parked between homes as long as each vehicle is at least ten feet from the “nearest adjacent” (i.e. neighboring) home. Thus, there is no restriction on how close each vehicle must be from the parker’s own manufactured home; the restriction merely requires at least ten feet—not necessarily open space—between the vehicle and the nearest neighboring home.
While the term “open space” is not defined in the statutes or regulations at issue, in general, it […]