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GEORGIA MANUFACTURED HOUSING v. SPALDING COUNTY

No. 97-8207.

148 F.3d 1304 (1998)

GEORGIA MANUFACTURED HOUSING ASSOCIATION, INC., Destiny Industries, Inc., et al., Plaintiffs-Appellees, Cross-Appellants, v. SPALDING COUNTY, GEORGIA, Martha W. McDaniel, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 6, 1998.

Attorney(s) appearing for the Case

Frank E. Jenkins, III, Kirk R. Fielstul, Peter R. Olson, Jenkins & Nelson, Cartersville, GA, for Defendants-Appellants, Cross-Appellees.

Dick Wilson, Jr., J. Stuart Teague, Wilson, Brock & Irby, L.L.C., Atlanta, GA, for Plaintiffs-Appellees, Cross-Appellants.

Before BLACK and BARKETT, Circuit Judges, and HENDERSON, Senior Circuit Judge.

BLACK, Circuit Judge:

Spalding County, Georgia (County), amended its Zoning Ordinance to require that manufactured homes be built with a 4:12 roof pitch to qualify for placement in most residential districts. The district court struck down the 4:12 requirement, holding that the 4:12 requirement violates equal protection, substantive due process, and the dormant Commerce Clause and that the 4:12 requirement is preempted by federal law. We reverse.

I. BACKGROUND...

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