City of Cordele v. Hill

Hill, Chief Justice,

dissenting.

“The cardinal rule to guide the construction of laws is, first, to ascertain the legislative intent and purpose in enacting the law, and then to give it that construction which will effectuate the legislative intent and purpose.” Ford Motor Co. v. Abercrombie, 207 Ga. 464, 467 (62 SE2d 209) (1950); City of Jesup v. Bennett, 226 Ga. 606, 608 (176 SE2d 81) (1970); OCGA § l-3-1(a) (Code Ann. § 102-102).

The legislative intent in enactment of the city’s “mobile home” ordinance clearly was to prohibit the use of mobile homes as residences within the city. This the city presumably has the authority to do, as no attack is made upon the validity of the ordinance. We deal here solely with its construction.

The majority find that the City of Cordele has not accomplished its clearly intended purpose of excluding mobile homes from use as city dwellings. Possibly, when the ordinance was enacted the city did not know that manufacturers would make that which the city sought to exclude, twice as big.

Under the majority’s interpretation, a person could take a “single wide” mobile home, cut it in two from end to end, deliver each half to the lot separately, and avoid the ordinance.

The majority interprets the statute so that the word “complete” modifies the phrase “arriving at the site.” In accord with the cardinal rule of construction, I would find that the word “complete” modifies the words “dwelling unit,” thereby giving the ordinance the construction which will effectuate the clear legislative intent and purpose.

I am authorized to state that Presiding Justice Marshall and Justice Gregory join in this dissent.