STP Associates v. Hess
Judge Scott Fairgrieve
STP Associates acquired title to the subject premisesthe last mobile trailer home parkbut the mobile homes were owned by respondents. STP commenced a holdover proceeding to recover possession of the premises from respondents contending it sought to evict them so that it could develop another use for the property, as intended upon purchase. Respondents alleged STP did not meet its burden to show it intended to change the use of the property. The court disagreed noting prior decisions indicated STP submitted both testimonial and documentary evidence in support of its proposed change in use to the premises. STP argued it did not move forward in developing the property because of the on-going litigation. Also, during trial, the court rejected respondents' attempts to raise the validity of the six month proposed change of use notice, as same was previously decided. Respondents also argued STP failed to properly terminate the tenancies of certain respondents, but the court rejected such arguments noting STP clearly established those respondents were month-to-month tenants and the notices of termination sent to them were valid. Hence, the court awarded STP a judgment of possession.