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Zoning Bulletin March 25, 2018.1 Volume 12 I Issue 6 <br />Preemption/Manufactured Home <br />Park —City enforces zoning code in <br />manufactured home park <br />Park residence contends federal and state law <br />preempts zoning code enforcement in <br />manufactured home parks <br />Citation: Eich v. City of Burnsville, 2018 WL 313087 (Minn. Ct. App. <br />2018) <br />MINNESOTA (01/8/18)—This case addressed the issue of whether <br />a city's enforcement of its zoning code within a manufactured home <br />park was preempted by the federal National Manufactured Housing <br />Construction and Safety Standards Act and/or Minnesota's Manufac- <br />tured Home Building Code. <br />The Background/Facts: In May 2015, the City Code Inspector for <br />the City of Burnsville (the "City") inspected a manufactured home <br />park, Rambush Estates. The City Code Inspector thereafter issued zon- <br />ing code violation notices related to nonconforming structure setbacks, <br />awnings, and location of trash containers. In response, Kathryn Eich <br />("Eich"), a resident of Rambush Estates commenced a class action <br />against the City seeking damages and injunctive relief. Among other <br />things, Eich argued that the City's enforcement of its zoning code <br />within Rambush Estates was preempted by federal and state law. <br />Eich pointed to the federal National Manufactured Construction and <br />Safety Standards Act (the "Act") and Minnesota's Manufactured Home <br />Building Code (the "MHBC"). The federal Act preempts states and po- <br />litical subdivisions —like the City, here —from enacting "any standard <br />regarding the construction or safety applicable to the same aspect of <br />performance of such manufactured home which is not identical to the <br />Federal manufactured home construction and safety standard." Stan- <br />dards promulgated under the Act by the Department of Housing and <br />Urban Development ("HUD") prohibit local regulations that "impair[ ] <br />the Federal superintendence of the manufactured home industry as <br />established by the Act." In other words, the Act expressly prohibits <br />states and municipalities from regulating the "construction or safety" <br />of manufactured homes in any manner that is not identical to federal <br />HUD standards. The MHBC incorporates those identical federal stan- <br />dards concerning the safety and construction of manufactured homes. <br />Ultimately, the district court concluded that the City's zoning code <br />enforcement within Rambush Estates was: (1) expressly preempted by <br />© 2018 Thomson Reuters 9 <br />