King v. City of Bainbridge

Cannon v. Coweta County, 260 Ga. 56 1990, is overruled to the extent it held that a municipality can only regulate the placement of mobile homes based on construction standards.

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The City of Bainbridge filed suit against Ethel King to enforce its zoning ordinance that precluded her placement of a mobile home in an R-2 residential district. King contended that the City’s zoning ordinance was unconstitutional and that it was preempted by federal law. The trial court rejected these arguments and King appeals. Because the City’s ordinance restricting mobile homes to mobile home parks and subdivisions is not preempted by federal law and is not unconstitutional, we affirm. Ethel King owns a tract of land, the majority of which lies within the city limits of Bainbridge, Georgia and is zoned R-2. The City’s zoning ordinance specifically excludes mobile homes from R-2 districts. In 1995, three days after placing her mobile home on her property, the City informed King that she was in violation of the City’s zoning ordinance. She was also informed that the mobile home could be legally placed on a portion of her property falling outside the city limits. Instead of complying with the City’s demand to move the mobile home, King installed electricity, a septic tank, and a porch, all without first obtaining the required permits or seeking an amendment to the zoning ordinance. When the City filed suit in January 1996, King defended on the basis that the zoning ordinance violated her substantive due process rights. After a reversal by this Court on a procedural ground,1 the trial court ultimately held that the zoning ordinance was constitutional and was not preempted by the National Manufactured Housing and Safety Standards Act of 1974 “the Act”.2

Federal Preemption

King v. City of Bainbridge

Cannon v. Coweta County, 260 Ga. 56 1990, is overruled to the extent it held that a municipality can only regulate the placement of mobile homes based on construction standards.

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