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Click here for the full text of this decision FACTS:Sarah Bishop acquired a 5.851-acre piece of property on which she operated a bar and pool hall. She also lived in the same building, called the Bishop Center. There was a parking lot in front of the Bishop Center and a fence behind it. On the other side of the fence were several mobile homes and rental homes � some uninhabitable � junk cars, pieces of equipment, a service station and a billboard. Some of the homes were rented to third parties. Bishop married Bernard Majeski around 1980, and the couple lived in the Bishop Center. Bishop died 20 years later without a will, and Majeski continued living at the Bishop Center. One of Bishop’s three children from a previous marriage, Geraldine Wesch, was appointed independent administrator of Bishop’s estate. In an inventory of the estate, Wesch listed the property, stating it was Bishop’s separate property, and no outstanding claims existed against it. When Wesch informed Majeski that she would begin collecting rental payments from the property, Majeski sought a temporary restraining order and a declaratory judgment. In their evidence in support of each of their motions for summary judgment, Wesch and Majeski agreed that two houses and two mobile homes were currently being rented to tenants; the billboard was being rented; three mobile homes and two houses were vacant and uninhabitable; and some of the junk cars belong to Majeski. The parties disagreed over whether the service station was being rented to third parties or whether Majeski’s grandson was renting or staying in one of the homes. Majeski still operates the bar at the Bishop Center. Though the trial court granted the temporary restraining order, it later granted Wesch’s summary judgment motion. It simultaneously denied Majeski’s motion, which was based on his assertion that the property was his homestead. Wesch had argued that Majeski only had a homestead interest in the Bishop Center, the parking lot, and the fenced-in area, not the mobile homes beyond the fence. Majeski appeals. HOLDING:Reversed and remanded. Initially, the court finds that the trial court’s order is final and appealable, as it concluded a discrete phase of the probate proceedings. The court then turns to the homestead issue. The court notes that, even where the property belonged to a deceased spouse, a surviving spouse may continue to use and occupy the property as long as he does not abandon it. The court notes that, in 1999, the state Constitution was amended to eliminate the so-called urban business homestead, which allowed a person to claim as his urban homestead up to a certain number of acres on which he lived and operated a business. The court assumes that the removal of the urban business homestead reinstated the traditional business-homestead requirements. A business would include a bar like the Bishop Center, but it would not normally include renting property out to third parties. The court points out, however, that Majeski and Bishop claimed and received a homestead exemption for the entire tract while Bishop was still alive. Nothing about the property’s character has changed since this, the court continues. Furthermore, the evidence does not conclusively show exactly what percentage of the property behind the fence is actually being rented out. The fence is an arbitrary demarcation of the homestead’s boundaries, the court adds. It was Wesch’s burden to show exactly what portions, if any, were not subject to Majeski’s homestead claim, and she did not carry it here. OPINION:David Puryear, J.; Law, C.J., Smith and Puryear, JJ.

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