Court decision called 'irrational'
An Idaho woman has decided to fight – in a higher court – for permission to occupy her tiny home on wheels.
It was Jason Scott, a judge in district court in Ada County, who ruled against her use of her own home.
The situation is that the town of Meridian bans tiny homes on wheels, and also requires that if there is a secondary dwelling unit on a property the same person owns both.
The case being pursued by the Institute for Justice is on behalf of Chasidy Decker, a native of the Treasure Valley.
Because of the high cost of homes there, she bought a tiny home and arranged to park it on Meridian homeowner Robert Calacal’s private property for a rent.
The institute explained, “Although Chasidy and Robert were both happy with the arrangement, the city was not. Meridian Code Enforcement threatened Chasidy and Robert with fines and jail time if she didn’t leave her only home. Chasidy and Robert filed a lawsuit in 2022 challenging the city’s irrational and arbitrary ban on tiny homes on wheels for violating the Idaho Constitution.”
“I’m devastated that, after waiting two years, I won’t be able to move back into my tiny home on Robert’s property anytime soon,” Decker said in a statement released through her legal team.
“This is terrible news for tiny-homeowners and others like me who need more affordable housing alternatives in Idaho.”
Bob Beldon, a lawyer for the institute, said< “The city’s requirement that the same person has to own both Chasidy’s tiny home and Robert’s house in order to get an SDU permit is irrational. But we will seek review of this ruling to help protect the property rights of Chasidy and Robert and other Idahoans who wish to make productive use of their residential property to provide more housing.”
WND reported when the case developed the institute charged the city’s actions were unconstitutional because the local ban on “tiny homes of wheels” actually violates the Idaho Constitution.
According to a report from the IJ’s Matt Powers, the state constitution requires that all laws have a legitimate government interest.
“But Meridian’s ban has none—Chasidy’s home is perfectly safe, which Meridian conceded when they encouraged her to move it to an RV park to live in. The city also can’t argue that her home would somehow affect the appearance of the neighborhood since her tiny home is perfectly legal to keep where it’s parked—she just can’t live in it,” the report explained.
“At a time when so few housing options are available to low- and middle-income Americans, why is the city’s zoning ordinance further reducing such options?” said IJ Senior Attorney Dan Alban. “Cities should be making it easier for residents to find affordable housing, not more difficult.”
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