City closer to resolving mobile home problem

A car drives slowly over the driveway of the Chamisal Trailer Park in Gallup, having only a small amount of clearance between the frame and cement. George Munoz said that he simply wanted the city to fix the problem of what he says are too high curbs and poor drainage in the area, but instead the city has offered him an unspecified settlement. [Photo by Jeff Jones/Independent]

By Kevin Killough
Staff writer

GALLUP — The city moved a step closer to resolving a lawsuit from Chamisal and Red Bluff mobile home parks. According to City Attorney Dave Pederson, the attorney representing the city in the case has made an offer to the plaintiffs’ attorney and is waiting to hear back. As is standard with ongoing litigation, the city was unable to comment on the amount of the offer.

The dispute began five years ago when the city did street improvements in the area south of Aztec and Patton.

According to George Muñoz, owner of Chamisal Mobile Home Park, the city’s actions caused flooding and affected access to the park.

“We just wanted them to fix the driveways and do the right thing,” Muñoz said.

Muñoz said that when the city built the road, it was set up too high above the height of the mobile home park, creating a low dip at the driveway.  In turn, low cars and mobile homes scrape against the sidewalk as they come into or leave the park. In addition, Muñoz claims the city’s drainage system causes the park and other properties in the area to flood.

“I told them, ‘All I want you to do is fix the problem.’ That’s all we wanted. I didn’t want any money,” Muñoz said.

The city, he said, initially dismissed his complaint, which forced him to file suit to recoup damages.

“They just laughed at me and said it wasn’t their problem,” he said.

According to Eric Honeyfield, who was city manager at the time, the city’s position on the matter when the complaints were first made was that the improvements to the roads financially benefited the property owners by increasing the value of the property “substantially.”

“Basically, we provided them with brand new roads complete with curbs and sidewalks all for free,” Honeyfield said.

The lawsuit claims that because of the drainage and access problems, the city had actually deprived them rental income by making the park less appealing to mobile home owners. Pederson said that the city did try to repair the problem.

“It was my understanding, subsequent to the street alterations, the city has done modifications to the roadway that have ameliorated the problem,” Pederson said.

Pederson said that after the city was unsuccessful in resolving the issue with further improvements, it decided to settle the case.

“It’s the way that the city would settle any lawsuit like this.  It’s in the interest of the city to settle. Even if we successfully defended the case in court, we’d be out the cost of the defense ... You’re not ever going to recoup that,” Pederson said.

After weighing the cost of settling and the cost of the defense, Pederson said the city would save money by settling. He added that before the suit will be settled both sides must agree on the settlement, and it’s usually a matter of compromise.

“It’s not always something both sides are happy with. It’s more a case of what they will agree to,” said Pederson.