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TEXAS MANUFACTURED HOUSING v. CITY OF NEDERLAND

No. 1:94-CV-0398.

905 F.Supp. 371 (1995)

TEXAS MANUFACTURED HOUSING ASSOCIATION, INC. and A.J. Waller, Sr., Plaintiffs, v. CITY OF NEDERLAND, and Zoning Board of Appeals of the City of Nederland, Defendants.

United States District Court, E.D. Texas, Beaumont Division.

Opinion Reaffirming Decision on Reconsideration October 9, 1995.

Attorney(s) appearing for the Case

Warren G. Clark, Jr., Swearingen Clark & Sikes, Port Arthur, TX, James E. Cuellar, J. Lawton Henry, D. Brent Wells, Wells & Associates, Houston, TX, William L. Ehrle, Sr., Ehrle & Associates PC, Austin, TX, for A.J. Waller, Sr. and Texas Manufactured Housing Association Inc.

Frank David Calvert, Benckenstein & Oxford, Beaumont, TX, Glenn H. Steele, Jr., Provost & Umphrey, Beaumont, TX, Richard D. Hughes, Provost & Umphrey Law Firm, L.L.P., Port Arthur, TX, for City of Nederland and Zoning Board of Appeals, City of Nederland.

MEMORANDUM OPINION

COBB, District Judge.

Before this court is the City of Nederland and the Zoning Board of Appeals of the City of Nederland's Motion for Summary Judgment. Plaintiffs, A.J. Waller and Texas Manufactured Housing Association, Inc., brought this court action alleging approximately a dozen causes of action arising from the City of Nederland's adoption of a 1970 zoning ordinance ("Ordinance 259"). Plaintiffs charge Defendants with various...

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