Schanzenbach v. Town of Opal, Wyoming

Roger Schanzenbach (plaintiff) owned four lots in the Town of Opal, Wyoming (defendant) on which he sought to install four manufactured homes (i.e., mobile homes). In November 2008, he applied for building permits for the four homes. In January 2009, the Opal town council approved the permits, which expired in February 2010. In March 2009, the town council passed an ordinance that restricted the age of manufactured houses installed in the town to be no more than 10 years old at the time of a permit application (the 10-year rule). The purpose of the rule was to regulate the aesthetics of manufactured homes, and the rule did not impose any safety standards on manufactured homes. In November 2009, Schanzenbach requested extensions on his four building permits. The town denied the extensions because the manufactured homes Schanzenbach intended to install were over 10 years old and thus would have violated the 10-year rule. In September 2010, Schanzenbach reapplied for building permits for the four homes, but the town rejected his applications, citing noncompliance with the 10-year rule. Schanzenbach brought an action against the town, claiming that the National Manufactured Housing Construction and Safety Standards Act of 1974 (manufactured-housing act) preempted the town’s 10-year rule. The district court found that the manufactured-housing act did not preempt the town’s 10-year rule. Schanzenbach appealed.