Rusk files suit against former city manager
BY GLORIA JENNINGS STAFF WRITER

The City of Rusk has filed suit in 2nd Judicial District Court against W.R. Bowden and his son, former Rusk City Manager Kevin Bowden concerning the location of recreational vehicles on North Main Street in Rusk.

An order was signed Jan. 11 by Judge Dwight Phifer setting a hearing for 9 a.m. Wednesday, March 14.

The suit filed by the city on Jan. 9 asks that a permanent injunction be issued against the Bowdens consistent with the relief requested, a declaratory judgment grants and the city be awarded costs and attorney's fees.

W.R. Bowden said Monday morning that he had not been notified that the suit had been filed, there- fore he had no comments.

The suit alleges that the defendants, W.R. and Kevin Bowden, are owners of a lot within the city limits of Rusk. One-half of the property is zoned resident-one family and approximately one-half mobile home district.

R-1 authorizes and permits the use of dwellings. Mobile Home 1 authorizes and permits the use of mobile homes. Neither zoning ordinance authorizes or permits the use of recreational vehicles (RVs) as defined in the ordinances or the operation of a business.

The city alleges that the defendants are using the lot for renting out spaces for RVs, which is not authorized by either of the two zoning ordinances regulating the lot and is in violation of the city's adopted zoning ordinances.

3 letters were sent

Three separate letters have been sent to the defendants requesting that their unauthorized use and activities of the lot cease.

Attached to the order are articles of the city charter involving single family detached residential R-1 and mobile home park district (MH-1)

Article 5 of the City Charter states, "The intent of the single family district is to provide for medium density, singe family, residential development of a moderately spacious character together with public and semipublic buildings and facilities and accessory structures as may be necessary and compatible with residential development."

Permitted for use as R-1 are: single family dwelling; leasing or renting of room, however, the number of tenants in each dwelling shall not exceed two; public schools or private school offering curricula comparable to that of the public schools; churches and other houses of worship.

Accessory structures that are permitted include garages, carports, storage rooms, swimming pools and other structures which are customarily incidental to the principal structures.

Permitted by special exception are cemeteries and mausoleums, child day care centers, public and private utility services excluding sanitary land fills, incinerators, refuse and trash dumps, government buildings and services and semi-public recreational facilities and building.

A minimum lot size is 8,000 square feet with lot width at building line, 60 feet and 100 feet minimum lot depth. Yard setbacks are 30 feet in the front, 10 feet at the side, interior and 15 feet at the street side and 15 feet in the rear. Structure height is 35 feet with 30 percent of the lot allowed for coverage.

No accessory structure, excluding fences or walls shall be closer to the property line than the required yard setbacks.