Pacher v. Sandhill Acres MHC LC

• Decision Date: 08 June 2021
• Docket Number: C.A. No. JP17-19-004722
• Parties: MICHAEL PACHER KOREEN PACHER Plaintiff Below, Apellant v. SANDHILL ACRES MHC LC AKA SANDHILL ACRES MHC LLC Defendant Below, Appellee
• Court: Court of Justice of Peace Court of Delaware

MICHAEL PACHER KOREEN PACHER Plaintiff Below, Apellant
v.
SANDHILL ACRES MHC LC AKA SANDHILL ACRES MHC LLC Defendant Below, Appellee

C.A. No. JP17-19-004722

JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY COURT NO. 17

Submitted: March 30, 2021
June 8, 2021

TRIAL DE NOVO

APPEARANCES:
Plaintiff represented by Curtis Crowther, Esq.
Defendant represented by Nicole Faries, Esq.

William P. Wood, Justice of the Peace
Richard Comly, Justice of the Peace
Alan G Davis, Chief Magistrate

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ORDER ON TRIAL DE NOVO

The Court has entered a judgment or order in the following form:

Procedural Posture

Plaintiff, Michael and Koreen Pacher (hereinafter "Pachers"), brought this action against their landlord, Sandhill Acres MHC LLC (hereinafter "Sandhill") seeking a declaratory judgment that a new park rule promulgated by Sandhill regarding the feeding of free-roaming cats was unenforceable and void as a matter of public policy and law. Trial before a single judge had been heard at the same time legal argument was made on the issue of whether the Court had jurisdiction over a declaratory judgment in this matter. When that judge ruled that this Court did not have jurisdiction, Plaintiffs brought a timely appeal. A three judge panel decided that issue on appeal and referred the case back to the single judge for a determination on the merits. The judge issued an opinion on the merits and Plaintiffs appealed that decision.

The Court held a three judge panel trial on the merits on March 30, 2021. This is the Court's decision after trial. For the reasons stated below, the Court finds that the portion of the rule assigning responsibility of stray animals is contrary to public policy and law and is therefore declared null and void. The Court has further determined that the portion of the rule regarding the feeding of animals outdoors is valid on its face, but unenforceable as written with regard to the facts presented in this case.

Facts

The Pachers are the owners of their manufactured home. It sits on a lot in Sandhill Acres, owned by the defendant. Sandhill Acres is a manufactured home community, with many residents. The plaintiffs have a lot lease for the placement of their home and therefore are subject to the provisions of that lease. The lease permits the landlord to promulgate certain rules pertaining to the health, safety and welfare of all tenants. In this instance the landlord issued rules directed toward curtailing the impact of a colony of free-roaming cats that have become something of a fixture in the park. The rule states, in pertinent part: "FEEDING ANIMALS - Feeding stray or wild animals is prohibited. If you feed a stray or wild animal, you will be considered responsible for that animal and any and all costs associated with it, including the cost of having the animal(s) removed from the property." Landlord has instituted these rules due to the negative impact of the feral cat colony, such as digging

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in yards and landscaping, getting into garbage, walking on and around other tenant's property and vehicles, and depositing feces in the community.

At the same time, Plaintiffs - with the assistance of other tenants - have engaged in a program to limit the impact of the feral cat colony. These programs, as testified to by Becky Robinson of Alley Cat Allies, are generally referred to as TNR or TNVRM programs ("TNR" herein). These programs follow a course of Trap, Neuter (Sterilize), Vaccinate, Return, Manage. Cats are humanely trapped in live traps, given medical treatment, spayed or neutered, "tagged" with a clipped ear, put back in their normal haunts and then managed through feeding and observation. If new cats enter the colony, they are identified by the lack of a clipped ear during feeding periods and targeted for future trapping.

The goal of TNR programs is to reduce the feral cat population through limited human intervention. As the cats are sterilized, they are unable to reproduce and the population diminishes through attrition. According to Robinson, the programs have been refined over time to provide for the most humane treatment and achieve the goal of the program - eventual elimination of the colony - in the most efficient way...