HORIZON CONCEPTS, INC. v. CITY OF BALCH SPRINGS

No. 85-1411.

789 F.2d 1165 (1986)

HORIZON CONCEPTS, INC., A Texas Corporation, Plaintiff-Appellant, v. CITY OF BALCH SPRINGS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 16, 1986.


Attorney(s) appearing for the Case

Daniel P. Donovan, Peter J. Harry, Dallas, Tex., for plaintiff-appellant.

Lawrence W. Jackson, Dallas, Tex., for defendants-appellees.

Before WISDOM, REAVLEY and JOHNSON, Circuit Judges.


WISDOM, Circuit Judge:

The question is whether a zoning ordinance regulating modular home construction violates the Fourteenth Amendment. We hold that the ordinance is constitutional on its face and as applied to the plaintiff.

I.

Horizon Concepts, Inc. builds modular houses. Horizon produces large components or "modules" of its houses at a factory and assembles them at the site on a permanent foundation. Like houses built using conventional methods...

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