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TEXAS MANUFACTURED HOUSING ASS'N v. NEDERLAND

No. 95-40803.

101 F.3d 1095 (1996)

TEXAS MANUFACTURED HOUSING ASSOCIATION, INC.; A.J. Waller, Sr., Plaintiffs-Appellants v. NEDERLAND, CITY OF; Zoning Board of Appeals, City of Nederland, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 26, 1996.

Attorney(s) appearing for the Case

Douglas Brent Wells, James E. Cuellar, Jeffrey Lawton Henry, Wells & Henry, Houston, TX, William L. Ehrle, Sr., Ehrle & Associates P.C., Austin, TX, Warren Gambriel Clark, Jr., Provost & Umphrey, Port Arthur, TX, for plaintiffs-appellants.

Frank David Calvert, Debra A. Knight, Benckenstein & Oxford, Beaumont, TX, Glenn H. Steele, Jr., Richard Donald Hughes, Provost & Umphrey Law Firm, Port Arthur, TX, for defendants-appellees.

Karl J. Koch, Unglesby & Koch, Baton Rouge, LA, for Louisiana Mfd. Housing Ass'n and Mississippi Manufactured Housing Association, amicus curiae.

John J. Hightower, Olson & Olson, Houston, TX, for Texas Municipal League, Texas City Attorneys' Association, City of Houston, Texas, and City of La Porte, Texas, amicus curiae.

Before KING and HIGGINBOTHAM, Circuit Judges, and KAZEN, District Judge.

KING, Circuit Judge:

Plaintiffs appeal a grant of summary judgment in favor of defendants on plaintiffs' multiple claims challenging a city ordinance that regulates the placement of manufactured housing1 within city limits. Finding no genuine issues of material fact as to any of plaintiffs' claims, we affirm.

I. BACKGROUND

In 1970, the City of Nederland (the "City") adopted...

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