Gillespie was served with a complaint on Nov. 23, with four counts of violation of the ordinance, according to court documents. He is accused of violating a section of ordinance that stipulates manufactured homes must have been constructed no more than 10 years prior to the date of application for a permit.

Gillespie purchased the mobile home park in October 2009 that contained five mobile homes, and moved two additional homes into the park. The town requires those who bring mobile home into the town to submit a mobile home requirement packet. Gillespie had the opportunity to do so by Dec. 1, according to town Attorney Diane Donaghy .

Gillespie's attorney, Kay Shafer, says her client didn't have enough time to fill out the paperwork.

"Mr. Gillespie never had opportunity to get these things done before one of the homes was red-tagged as being in violation of the town mobile home installation ordinance, town fire code ordinance, state and federal law," Shafer's motion states.

Donaghy explained Gillespie had moved in a resident into one of the mobile homes that was noncompliant, which was the reason for the citation before the December deadline.

Shafer believes the ordinance violates Gillespie's constitutional rights and the 10-year regulation is both arbitrary and capricious.

"There is nothing to support the proposition that a 9-year-old mobile home will never be unsightly, while an 11-year-old mobile home will always be," the motion states.

Donaghy told the court that municipal ordinances may be more strict than state statute.

Gillespie's goal is to help clean-up the town, and have mobile homes people would be proud to own, he said. He and his family have been working very hard, he said, to remodel and get the homes up to federal and state code.

The case came before Estancia Municipal Judge Bruce Dile on Thursday, where he issued a continuance. The case will be heard again March 11 at 6 p.m.