Schanzenbach v. Town of La Barge

Plaintiff Roger Schanzenbach owned several properties in the town of LaBarge on which he intended to install mobile manufactured homes. He applied for permits with town authorities. The town council initially granted him a building permit for one property but revoked it about two weeks later and then enacted an ordinance that included a provision banning the installation of any manufactured home older than 10 years at the time of the relevant permit application (the 10-Year Rule). Both of Plaintiff’s homes were more than 10 years old. The town council denied Plaintiff’s applications for a building permit, a variance, and a conditional-use permit to enable him to install the homes despite the 10-Year Rule. Plaintiff thereafter sued, arguing a variety of constitutional claims as well as a claim that the 10-Year Rule was preempted by the National Manufactured Housing Construction and Safety Standards Act of 1974. The district court awarded summary judgment to the defendants. On appeal to the Tenth Circuit, Plaintiff raised issues regarding the Fifth Amendment’s Takings Clause, procedural due process, preemption, municipal authority to enact the 10-Year Rule, and attorney fees. Upon review, the Court held that the takings claim was unripe, the due-process claim failed because Plaintiff did not have a protected property interest, the 10-Year Rule was not preempted, the town had authority to enact the rule, and the attorney-fee issue was moot.

Schanzenbach v. Town of La Barge