LAUDERBAUGH v. HOPEWELL TOWNSHIP

No. 01-4048.

319 F.3d 568 (2003)

Denise LAUDERBAUGH, a single woman; Larry's Homes of Pennsylvania, Inc., a Pennsylvania Corporation v. HOPEWELL TOWNSHIP, Beaver County, Pennsylvania, a first class Township organized and existing under the laws of Pennsylvania; John M. Bates, individually, and in his capacity as Hopewell Township Zoning Officer; Patricia L. Yannessa-Bates, individually, and in her capacity as Manager of Hopewell Township; Patsy D'Eramo, individually, and in his capacity as a member of the Hopewell Township Board of Commissioners; Steve Rodich, individually, and in his capacity as a member of the Hopewell Township Board of Commissioners; Ted Pajak, individually, and in his capacity as a member of the Hopewell Township Board of Commissioners; Mario Leone, Jr., individually, and in his capacity as a member of the Hopewell Township Board of Commissioners; Tim Force, individually, and in his capacity as a member of the Hopewell Township Board of Commissioners Hopewell Township, John M. Bates, Patricia L. Yannessa-Bates, Patsy D'Eramo, Steve Rodich, Ted Pajak, Mario Leone, Jr., and Tim Force, Appellants.

United States Court of Appeals, Third Circuit.

Argued May 1, 2002.


Attorney(s) appearing for the Case

Pamela Beck Danner, (Argued), Paula Brodeur Haefner, Danner & Associates, McLean, for Appellees.

Eric P. Reif, (Argued), Jeanette H. Ho, Pietragallo, Bosick & Gordon, Pittsburgh, for Appellants.

Before ROTH, NYGAARD and WEIS, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge.

Denise Lauderbaugh wants to install her manufactured mobile home, which complies with standards established by the Department of Housing and Urban Development (HUD), in the "R-2" residential district in the town of Hopewell. The HUD standards were created by the National Manufactured Housing Construction and Safety Standards Act (NMHCSSA), 42 U.S.C. §§ 5401-5426, an act that prohibits municipalities...

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