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<br />3. The ordinance is preempted by Federal law. <br /> <br />Federal law prohibits states and cities from regulating the <br />safety and construction of manufactured homes. 42 U.S.C. Section <br />5403(d). The ordinance permits modular housing in R-1 zones while <br />simultaneously excluding manufactured homes. It is not clear why <br />La Porte treats modular housing differently than HUO Code homes. <br />If modular homes are treated differently because La Porte believes <br />they are safer or built better, then the ordinance is preempted by <br />Federal law. La Porte cannot disguise a safety statute by calling <br />it a zoning ordinance. See Scurlock v. City of Lvnn Haven, 858 <br />F.2d 1521, 1523-25 (11th Cir. 1988). Also, if La Porte's reason <br />for the differential treatment is not safety-related, then, under <br />the analysis stated above, its reason is not constitutional. <br /> <br />4. The ordinance is preempted by State law. <br /> <br />The Texas Manufactured Housing standards Act, Art. 5221f, Tex. <br />Rev. civ. stat. Ann., recognizes, incorporates, defers to and <br />implements the aforementioned agenda of Federal preemption. <br />Specifically, HUD Code manufactured homes are given preferred <br />placement status in the face of local installation ordinances to <br />the contrary. Additionally, the modular or industrialized housing <br />which La Porte finds acceptable, while discriminating against HUD <br />Code manufactured housing, is subject to uniform regulation, <br />enforcement, and code compliance pursuant to Art. 5221f-1, Tex. <br />Rev. civ. Stat. Ann. <br /> <br />Also enclosed herewith is your printed form entitled "Zoning <br />Board of Adjustment Appeal of Enforcement Officer's Decision" <br />(Exhibit B) and Site Plan prepared by Charles E. Bates (Exhibit C). <br />Pursuant to section 11-604, you are hereby requested to transmit <br />the record upon which this Appeal is taken to the Board of <br />Adjustment. The Board of Adjustment is hereby requested to reverse <br />the decision of the enforcing officer and cause to be granted a <br />building permit authorizing Ms. Stevenson to move a manufactured <br />home onto her property in accordance with the application she has <br />previously filed. <br /> <br /> <br /> <br />James R. Keeney, Jr. <br />Attorney for Appellant <br />P.O. Box 134 <br />La Porte, TX 77572 <br /> <br />Rl124.93 <br /> <br />- 4 - <br />