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Boise Cascade Corp. v. Gwinnett County

272 F. Supp. 847 (1967)

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Boise Cascade Corp. v. Gwinnett County

United States District Court for the Northern District of Georgia

272 F. Supp. 847 (1967)

Facts

Boise Cascade Corp. (plaintiff) was a prefabricated-home builder. Gwinnett County (the county) (defendant) adopted the Southern Standard Building Code as the county’s standards with regard to the new construction. The county further adopted three amendments to the Southern Standard Building Code. One of those amendments required that plywood decking be at least one-half inch in thickness if used where ceiling joists were spaced more than 16 inches on center. Boise Cascade Corp. used plywood decking of three-eighths inch in thickness, grade-marked 24/0, in its construction of prefabricated homes. The use of such plywood was permitted by the Southern Standard Building Code in general and other recognized national standards. Plywood was once classified based on thickness and species alone, but an industrywide change in plywood standards occurred, leading to a strength-based classification starting from 12/0 up to 48/24. The parties agreed that the Southern Standard Building Code was a reasonable exercise of police power, but Boise Cascade Corp. filed suit against the county to enjoin enforcement of its amendment.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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