Scurlock v. City of Lynn Haven, Fla.

• Decision Date: 31 October 1988
• Docket Number: Nos. 87-3298,87-3675,s. 87-3298
• Citation: 858 F.2d 1521
• Parties: Henry A. SCURLOCK, Robert S. Scurlock Debra L. Scurlock and Statewide Mobile Homes of Florida, Inc., a Florida Corporation, Plaintiffs-Appellees, v. CITY OF LYNN HAVEN, FLORIDA, Defendant-Appellant.
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1521

858 F.2d 1521

Henry A. SCURLOCK, Robert S. Scurlock Debra L. Scurlock and Statewide Mobile Homes of Florida, Inc., a Florida Corporation, Plaintiffs-Appellees, v. CITY OF LYNN HAVEN, FLORIDA, Defendant-Appellant.

Nos. 87-3298, 87-3675.

United States Court of Appeals Eleventh Circuit.

Oct. 31, 1988.

Larry A. Bodiford, Panama City, Fla., for defendant-appellant.

Lynn C. Higby, Bryant, Higby & Williams, Panama City, Fla., Keith C. Tischler, Madigan, Parker, Gatlin, Swedmark, & Skelding, Tallahassee, Fla., for plaintiffs-appellees.

Robert Sasser, Alabama Manufactured Housing Institute: Webb, Crumpton, McGregor, Sasser, Davis & Alley, Montgomery, Ala., for amicus curiae.

Appeals from the United States District Court for the Northern District of Florida.

Before KRAVITCH and CLARK, Circuit Judges, and NICHOLS ^*, Senior Circuit Judge.

CLARK, Circuit Judge:

The City of Lynn Haven ("Lynn Haven" or "City") appeals from an order holding that a portion of its municipal code is preempted by federal and state law (No. 87-3298) and separately from an order awarding attorney's fees to the plaintiffs under 42 U.S.C. Sec. 1988 (No. 87-3675). In No. 87-3298, we affirm. In No. 87-3675, we vacate the award of attorney's fees and remand.

This case involves the regulation and placement of mobile homes ¹ in Lynn Haven. Robert E. and Debra L. Scurlock (collectively "the Scurlocks") own a mobile home and desire to place it on residentially-zoned property owned by Mr. Scurlock's father (the "Montana Avenue" property). The Scurlocks' home meets the requirements of the National Manufactured Housing and Safety Standards Act of 1974, 42 U.S.C. Secs. 5401-5426 ("the Act"), and the regulations adopted pursuant thereto, see 24 C.F.R. Secs. 3280-3282 ("HUD regulations"). Unlike another type of dwelling known as a "manufactured building," however, the Scurlocks' mobile home does not bear the seal of the Florida Department of Community Affairs. ²

The City's municipal code imposes a zoning regulation on the Montana Avenue property which excludes any home that either does not meet the Southern Standard Building Code, the National Electrical Code, and the Electrical Code of the City of Lynn Haven (collectively "SSBC"), or does not bear the seal of the Florida Department of Community Affairs. The Scurlocks' mobile home meets neither prong of this regulation. It does, however, satisfy all other requirements for siting on the Montana Avenue lot. ³ The City's inspector acknowledged that if the Scurlocks' mobile home either had the appropriate seal or met the SSBC, it would have been allowed on the zoned property.

Lynn Haven allows mobile homes to be placed in unzoned areas of the City ⁴ and in licensed public trailer parks in special mobile home districts. Four such trailer parks are located within the City, collectively containing approximately 90 mobile homes. Because the Scurlocks "wouldn't live in any of them," they initially attempted to obtain a variance from the Lynn Haven City Commission so that they could place their mobile home on the Montana Avenue lot. After the Commission rejected their request the Scurlocks brought this suit in federal court, claiming that portions of the City's municipal code violated their rights to substantive due process and equal protection under the fourteenth amendment and were preempted by the Act, the HUD regulations, and sections 320.827 and 320.8285 of the Florida Statutes.

Much of the evidence at trial concerned the differences between the HUD requirements and those contained in the SSBC. Expert testimony indicated that, for the most part, the standards are equivalent. However, there is no dispute that the HUD regulations and the SSBC are not identical. For example, under the Southern Standard Building Code housing must withstand winds of up to 110 miles per hour, while under the HUD regulations mobile homes need only withstand winds of up to 97-99 miles per hour. In addition, electrical wiring deemed adequate by HUD may be insufficient to meet the City's local electrical code. Because of these differences, the district court determined that the City could not use noncompliance with the SSBC to prevent mobile homes from being sited on residentially-zoned property. It held that the Act, the HUD regulations, and the Florida statutes precluded municipalities from imposing additional construction requirements upon mobile homes built in compliance with the HUD regulations. The court therefore enjoined the City from prohibiting the Scurlocks from placing their mobile home on the Montana Avenue lot and granted attorney's fees to the Scurlocks under 42 U.S.C. Sec. 1988. From these decisions Lynn Haven appeals.

DISCUSSION

A. Federal Preemption

"As in all matters of statutory construction, [federal] preemption, which has its roots in the Supremacy Clause, is a matter of congressional intent." Gushke v. City of Oklahoma City, 763 F.2d 379, 383 (10th Cir.1985). Congress may evidence its intent explicitly by defining the extent to which state law is to be preempted. Michigan Canners & Freezers Ass'n, Inc. v. Agricultural Mktg. and Bargaining Bd., 467 U.S. 461, 469, 104 S.Ct. 2518, 2523, 81 L.Ed.2d 399 (1984). Such express preemptive language may be found on the face of a statute, in its legislative history, or in regulations promulgated pursuant to the law. Howard v. Uniroyal, Inc., 719 F.2d 1552, 1556 (11th Cir.1983). In addition, preemptive intent may be inferred when Congress legislates comprehensively, thus occupying an entire field of regulation, or when state law actually conflicts with federal law and stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress. Michigan Canners, 467 U.S. at 469, 104 S.Ct. at 2523. While Congress is free to statutorily overturn a finding of no preemption, a state has no recourse once its enactment is held to be preempted by federal law. Thus, if federal and state statutes overlap, they should be reconciled if at all possible. See Don't Tear It Down, Inc. v. Pennsylvania Ave. Dev. Corp., 642 F.2d 527, 534 (D.C.Cir.1980) (quoting Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. Ware, 414 U.S. 117, 127, 94 S.Ct. 383, 389, 38 L.Ed.2d 348 (1973)); see also Chevron U.S.A., Inc. v. Hammond, 726 F.2d 483, 488, 496-97 (9th Cir.1984), cert. denied sub nom. Chevron U.S.A., Inc. v. Sheffield, 471 U.S. 1140, 105 S.Ct. 2686, 86 L.Ed.2d 703 (1985).

In this case Congress has expressly defined the preemptive reach of the Act:

Whenever a Federal [mobile] home construction and safety standard established under this chapter is in effect, no State or political subdivision of a State shall have authority either to establish, or to continue in effect, with respect to any [mobile] home covered, any standard regarding construction or safety applicable to the same aspect of performance of such [mobile] home which is not identical to the Federal [mobile] home construction and safety standard.

42 U.S.C. Sec. 5403(d). The language of the statute clearly precludes states and municipalities ⁵ from imposing construction and safety standards upon mobile homes that differ in any respect from those developed by HUD. Thus, if the Lynn Haven ordinance conditioned mobile home entry into or sale in the town on compliance with the SSBC, thereby forcing manufacturers to meet construction and safety requirements other than HUD standards in order to do business in the City, the municipal act would be preempted. Cf. 24 C.F.R. Sec. 3282.11(b) (states may not condition mobile home entry or sale on state inspection if home bears label certifying compliance with HUD regulations). Although HUD-approved mobile homes may be sited in unzoned areas of the City, and licensed trailer parks, if the mobile home is to be sited in residentially-zoned regions, it must meet requirements other than those specified by HUD. As stated by the district court:

The City has not attempted to explain why a mobile home is accepted as safely constructed when it is located in a designated mobile home park or an unzoned area of the City, while maintaining that it is not safely constructed if it is located within a residentially-zoned area.

At 13.

In considering the federal legislation and its impact upon the ordinance enacted by Lynn Haven, we must turn to the legislative history and the HUD regulations in order to resolve the federal preemption issue. According to Congress, the purposes of the Act "are to reduce the number of personal injuries and deaths and the amount of insurance costs and property damage resulting from [mobile] home accidents and to improve the quality and durability of [mobile] homes." 42 U.S.C. Sec. 5401. The Act undoubtedly represents consumer safety legislation. See 1974 U.S. Code Cong. & Admin. News 4279, 4340. Under its provisions, manufacturers of mobile homes must notify purchasers about any construction or safety defects and correct many at no charge to the consumers. See id. Sec. 5414(a), (g). If a manufacturer discovers a defect before the mobile home is purchased by the consumer, it must "immediately repurchase" the home from the dealer or provide for repairs. Id. Sec. 5412(a). Moreover, HUD is authorized to release to the public information concerning construction and safety defects present in particular homes, id. Sec. 5413(c)(5), and manufacturers must provide purchasers with manuals explaining the operation, maintenance, and repair requirements of their mobile homes, id. Sec. 5416. Finally, the Act states that "[t]he rights afforded [mobile] home purchasers under this chapter may not be waived, and any provision of a contract ... to the contrary shall be void." Id. Sec. 5421. However, while consumer protection represents the primary goal of the legislation, complete safety is not to be obtained at all expense: in promulgating regulations, HUD must "consider the effect of [the standards] on the cost of [mobile] home[s] to the public." Id. ...