Story available at http://www.billingsgazette.net/articles/2008/01/11/news/local/36-tresspass.txt

Published on Friday, January 11, 2008.
Last modified on 1/11/2008 at 1:02 am

"Woman denies trespassing charge"

By CLAIR JOHNSON
Of The Gazette Staff

A Red Lodge woman claims she was handing out information about property rights to residents of Casa Village, a mobile-home park for sale in Billings.

But the city alleges the woman, Tammy Dunkin Hoth, was illegally trespassing when she entered Casa Village on Nov. 1 after having been asked to stay out.

Hoth pleaded not guilty Thursday in Municipal Court to misdemeanor trespassing. Judge Collette Davies appointed a public defender and set a hearing for Feb. 5. She continued Hoth's $595 bond. If convicted, Hoth faces a $500 fine and up to six months in jail.

Hoth, a bank clerk who owns a mobile home in Red Lodge, has been working with other residents to buy that park to keep it from being sold and developed. The residents formed a nonprofit association, Mountain Springs Villa Inc., to secure their homes and obtained government grants and loans to buy the land. Residents will rent from the association.

After her court appearance, Hoth and Trent Godfrey, a Billings resident who also lives in a mobile-home park, said they separately distributed fliers at Casa Village.

Godfrey is a local leader for All Parks Alliance for Change, a St. Paul, Minn., group that encourages mobile-home residents to form associations and to understand homeowners' rights. The group called for messages protesting the trespassing charge. Godfrey has not been charged.

Hoth said she first distributed information last summer, and Godfrey said he distributed fliers a second time. Then the two went to a residents association meeting on Nov. 1, Hoth said, to let residents know "it's not impossible to purchase their own park."

"I feel like I was invited," Hoth said, because a Casa Village resident had told her about the meeting. But she was told they were not welcome.

City Attorney Brent Brooks said Casa Village is a privately owned park and that Hoth is accused of remaining on the premises three times despite being asked to leave.

The court records say Hoth entered Casa Village on Nov. 1 after the management had asked her to stay out of the park on more then one occasion. Hoth was found in the park in August passing out fliers, and manager Susie Cole told her not to come back. On Oct. 22, Cole discovered that more of the fliers had been distributed. Then on Nov. 1, Cole found Hoth again passing out fliers.

When contacted by a police officer, Hoth admitted she had been on the property on Nov. 1 and admitted she had been told more than once not to be on the premises, the affidavit said.

Hoth disputes the charges, saying she distributed fliers once and went to a meeting. Cole told her not to distribute any more fliers and she didn't, she said.

Cole could not be reached for comment.

Casa Village is a well-maintained, 490-lot mobile-home park on 65 acres off 24th Street West and Monad Road. Residents learned in October that the park was for sale after fliers were dropped on their doorsteps by the All Parks Alliance. Casa Village was listed for sale by Iowa Realty Commercial for $15.25 million.

During a meeting in October at Will James Middle School, representatives from All Parks Alliance hoped to give residents advice on forming associations and information on their rights. Many attendees worried they would be forced out if the park sells.

Casa Village is posted for no trespassing or soliciting, a police report said. The complainant, who was not identified, asked that Hoth be prosecuted, the report said.

The officer sent his report to Municipal Court for review, and the City Attorney's Office issued an arrest warrant, said Police Lt. R.D. Harper. A warrant was issued Dec. 21. Hoth went to the Police Department on Jan. 2 and was released with a notice to appear in court Thursday. She posted bond.

Some supporters called or e-mailed Mayor Ron Tussing.

"We want the city to know other people are paying attention to this, and their constituents are paying attention to this as well," said Kelly Diouf, of the alliance. The courts will have to determine whether Holt was trespassing, she said.

The mayor said he had received seven calls or e-mails from around the country, none of them from Billings. Brooks said he received nine calls.

While there may be some gray area when it comes to access to tenants renting lots, the property is private, Tussing said.

"I can see both sides," he said.

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