Preemption: Manufactured Housing Act Doesn’t Preempt Aesthetic Ordinances

Monday, March 18, 2013 12:00 am
Land Use Law Report, Volume 41, Number 3

Federal law did not preempt a town ordinance that prohibits builders from installing manufactured housing that is more than ten years old.

Facts: Roger Schanzenbach sued the Town of Opal, Wyoming after the town rejected his plan to install four older manufactured homes within town limits. In November 2008, Schanzenbach applied for building permits to install the homes on four consecutive lots. The town granted the permits and gave Schanzenbach until February 14, 2010 to install the homes. In the meantime, the town was considering a new ordinance that would, among other things, restrict the age of "[a]ny building moved into the town to be placed on any lot" to ten years. The town approved the ordinance, known as Ordinance 2009-001, on March 23, 2009.

During 2009, Schanzenbach spent $27,000 preparing for his construction project. However, he notified th[..]


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