Author Question: Mark purchased a very expensive automobile on credit. Within a week, Mark discovered that a tune-up ... (Read 141 times)

B · **on:** Jun 24, 2018

Mark purchased a very expensive automobile on credit. Within a week, Mark discovered that a tune-up was necessary, for he was in the habit of driving at an excessive rate of speed. When the car was repaired, the bill was more than 1,000. Mark does not have the money to pay for the car repairs or the monthly car payments. The credit company as well as the repair shop are concerned over who has priority of repayment. Who has priority and why?

Question 2

The town of Gilchrist, Iowa, has a zoning ordinance, in effect since 1935, that provides for a single-family home on a two-acre lot, a duplex on a three-acre lot, and excludes multifamily housing from all five zoning districts. Planned residential developments (PRD) would be permitted to have multifamily structures. Gilchrist consists principally of single-family homes with the majority of its residents commuting to work in Des Moines. Toll Brothers, a residential home builder, has applied for approval for a permit to construct a multiunit housing complex primarily for low- to moderate-income families. The Gilchrist Board of Zoning has denied the application because of the density the multiunit housing would bring, in violation of the lot size restriction. Can Toll Brothers challenge the zoning plan successfully?

Awesome · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Titles to automobiles are represented by a title certificate. To obtain a perfected status in regards to the automobile, applicable state law would be controlling. Usually, a notation of the security interest is made on the title itself, and this creates a perfected status.
Even if the credit company had perfected its security interest, in most states this perfected status does not have priority over repair or storage liens against property. The repair shop is first in line to receive payment.

Answer to Question 2

The answer should focus on whether the large lot sizes and a prohibition on multi-unit housing satisfies the general welfare requirements necessary for all types of zoning regulation. In a case such as this, the town would have to be able to show that some health, safety, or morals issues are affected by having higher density housing. Full exclusion of a type of housing is difficult for courts to support.