Laurel Park Community, LLC v. City of Tumwater

Defendant City of Tumwater enacted two ordinances that seek to preserve the existing stock of manufactured home parks within the municipality by limiting the uses of certain properties. Plaintiffs are three of the affected property owners — : Laurel Park Community, LLC; Tumwater Estates Investors; and Velkommen Mobile Park, LLC — and a nonprofit entity, Manufactured Housing Communities of Washington. Plaintiffs allege that the ordinances, on their face, violate various constitutional provisions. The district court held that the facial constitutional challenges fail and granted summary judgment to Defendant. On de novo review, Strategic Diversity, Inc. v. Alchemix Corp., 666 F.3d 1197, 1205 (9th Cir.2012), we affirm.

FACTUAL AND PROCEDURAL HISTORY

A. Manufactured Homes

The term “manufactured homes” describes a type of housing that typically is not constructed at the installation site. See generally Werner Z. Hirsch & Joel G. Hirsch, Legal-Economic Analysis of Rent Controls in a Mobile Home Context: Placement Values and Vacancy Decontrol, 35 U.C.L.A. L.Rev. 399 (1988). Originally called “mobile homes,” early versions were no more than travel trailers hitched to the back…