Eviction case has closing arguments
 
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Tri-State News Network
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KINGMAN, Ariz. - Mohave County Superior Court Judge James Chavez has taken under advisement an eviction case emanating from Colorado City. Chavez is expected to rule within 30 days after attorneys presented closing arguments Wednesday in the proposed eviction of Ross Chatwin.

Plaintiff attorney Rodney Parker said Chatwin was a tenant at will of property owned by the United Effort Plan, a trust controlled by the Fundamentalist Church of Jesus Christ of Latter Day Saints. Parker said the trust has legal authority to evict Chatwin without cause or reason if it so chooses.

Defense attorney Joan Dudley, however, argued Chatwin grew up being taught that he could live on UEP land for life. Chatwin testified that he was encouraged by church officials to build a home and make other improvements during his period of residency.

Dudley maintains Chatwin doesn't want to leave and shouldn't be forced to do so. Or if he is forced to vacate UEP property, Chatwin should be compensated for the value of any improvements he has made over time, according to Dudley.

Dudley argued the UEP is "unjustly enriched" if Chatwin is ousted without compensation. Parker insists unjust enrichment issues should not be contemplated by Chavez. He said judge Chavez must simply decide whether Chatwin should vacate the property and that it's Chatwin's burden to bring any compensation claim before another court in the future if necessary.

Dudley also asserted that the case is bigger than Chatwin, noting her client's wife and six kids will also be left homeless if evicted. She said Mrs. Chatwin would likely resist any church suggested reassignment of herself and her children to another man in the polygamous community where marriages are frequently arranged or sanctioned by church leaders.
 
Tri-State News Network
Originally published Friday, April 16, 2004
 
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