KINGMAN – The attorney representing a man excommunicated by the Fundamentalist Church of Jesus Christ of Latter-day Saints filed a motion to have his brother evicted from their shared premises in Mohave County Superior Court on Monday.
The United Effort Plan, the church's government arm, originally requested that Judge James Chavez evict Charles Ross Chatwin from a home in Colorado City that he shares with his brother, Steven Chatwin.
Chavez, however, entered an order on May 20 granting Charles Chatwin license of the house he shares with his brother.
Charles Chatwin denounced the church and compared its prophet, Warren Jeffs, to Adolph Hitler during a Jan.
23 news conference.
After the order was issued, Steve Chatwin continued to make improvements to the house, according to Joan Dudley, Charles Chatwin's attorney.
"The UEP told Steven to move to the top and stay," said Dudley.
Steven Chatwin testified at an earlier hearing that he left for Canada in 2000 and returned to Colorado City in 2002.
"I was given permission to take charge of the home and began construction on the upstairs," he said.
The judge in an Arizona state court case in the late 1980s awarded the UEP a "limited constructive trust," such that if the trust removed someone from its property, the person could receive compensation for improvements made to the property, according to a Miner story published earlier this year.
"I completed it with the help of the community.
Utility service is in my name," Steven Chatwin said.
The utility service was switched from his brother's name with the help of the UEP, he testified.
Steven Chatwin, with the encouragement of the UEP, is "thumbing their nose" at the order given by Chavez, Dudley said.
Charles Chatwin testified at an earlier hearing that he moved to the current home at the request of UEP trustee Fred Jessup in early 2001 after investing more than $100,000 in time and labor in a home on Uzona Avenue where he lived from 1992 to 2001.
Charles Chatwin testified that he lived on UEP property all his life and that Jessup awarded him a tract of land to build a home.
A hearing to schedule a trial to consider Steven Chatwin's eviction is scheduled for Monday.