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December 10, 2012 I Volume 6 I Issue 23 Zoning Bulletin <br />rize municipalities to burden permit -exempt excavations with their own <br />substantive requirements. <br />As to the second factor, the court said that regulations that would not <br />frustrate state authority under Chapter 155E included local ordinances that re- <br />lated to "traffic and roads, landscaping and building specifications, snow, <br />garbage, sewage removal, signs, and other related subjects." <br />Here, the court concluded that by imposing substantive requirements on <br />permit -exempt excavations, section VI of the Town's zoning ordinance <br />frustrated the purpose of RSA Chapter 155E and was thus impliedly <br />preempted. <br />See also: Arthur Whitcomb, Inc. v. Town of Carroll, 141 N.H. 402, 686 <br />A.2d 743 (1996). <br />See also: Guildhall Sand & Gravel, LLC v. Town of Goshen, 155 N.H. 762, <br />764, 929 A.2d 199 (2007). <br />Validity of Zoning Ordinance —City <br />ordinances rezone properties into <br />manufactured home park districts <br />Park owners contend ordinances amount to <br />regulatory takings in violation of the federal and <br />state constitutions <br />Citation: Laurel Park Community, LLC v. City of Tumwater, 2012 WL <br />5290306 (9th Cir. 2012) <br />The Ninth Circuit has jurisdiction over Alaska, Arizona, California, Guam, <br />Hawaii, Idaho, Montana, Nevada, Oregon, and Washington. <br />NINTH CIRCUIT (WASHINGTON) (10/29/12)—This case addressed the <br />issue of whether city zoning ordinances, which rezoned land into manufactured <br />home park districts, and limited the use of property within those districts, <br />amounted to an unconstitutional taking of property under the federal or <br />Washington constitutions. It also addressed whether the ordinances violated <br />property owners' substantive due process rights. <br />The Background/Facts: The City of Tumwater (the "City") enacted two <br />ordinances which created a new Manufactured Home Park ("MHP") land use <br />designation and new Manufactured Home Park zone districts. Included in the <br />new MHP districts were six of the ten existing MHPs in the City. <br />Prior to enactment of the ordinances, the zoning code permitted a wide <br />range of uses on the properties where the six MHPs were located. The ordi- <br />nances restricted those uses by, among other things: (1) specifying certain <br />"permitted uses," which were allowed as of right; (2) specifying 11 "condi- <br />tional uses," where were allowed via a discretionary conditional use permit; <br />and (3) permitting still other uses if specified criteria were met. <br />The owners of three of the six MHPs in the newly designated MHP districts, <br />4 © 2012 Thomson Reuters <br />