The writ of mandamus is one of several possible types of litigation that could potentially benefit manufactured housing industry consumers, smaller independent businesses, and investors in industry growth-oriented companies. In certain scenarios, it could be swifter and more cost effective than years of ‘lobbying’ that lead nowhere. The writ of mandamus is defined as a court order to a “government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.” So says Cornell Law School’s Legal Information Institute (LII) at this link here. The concept ought to be well known by the Manufactured Housing Institute (MHI) as their prior general counsel, Rick Robinson, J.D., authored an award-winning novel that legal concept woven into a storyline which included the use of the legal principle of “Writ of Mandamus” in the book’s title. The theatrics? Somehow, MHI has apparently overlooked the writ of mandamus as one of several possible legal moves they could be deploying if they were serious about encouraging manufactured housing industry growth. But instead, MHI issued a ‘research’ report to explain to manufactured housing industry professionals why they should accept the notion that a recission routinely means a manufactured home industry downturn.
So, instead of investing time and money to grow the industry, MHI has instead invested time money and into justifying a decline in manufactured housing industry sales. Now that’s entertainment…
That’s theatrics, Kabuki style.
The highlighting that follows is added by MHProNews. According to Dictionary: “Kabuki is a form of classical theater in Japan known for its elaborate costumes and dynamic acting. The phrases Kabuki theater, kabuki dance, or kabuki play are sometimes used in political discourse to describe an event characterized more by showmanship than by content.”
MHI leaders were asked about this on 1.4.2023, which will be explored further below. For the sake of those who may not know what MHI’s leaders do, here is what Cornell’s LLI says about mandamus. Note the highlighting below is added by MHProNews and will be examined further below, along with the documented outreach to MHI.
mandamus
Overview
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. (See, e.g. Cheney v. United States Dist. Court For D.C. (03-475) 542 U.S. 367 (2004) 334 F.3d 1096.) According to the U.S. Attorney Office, “Mandamus is an extraordinary remedy, which should only be used in exceptional circumstances of peculiar emergency or public importance.”
Mandamus at the Federal Level
In the federal courts, these orders most frequently appear when a party to a suit wants to appeal a judge’s decision but is blocked by rules against interlocutory appeals. Instead of appealing directly, the party simply sues the judge, seeking a mandamus compelling the judge to correct his earlier mistake. Generally, this type of indirect appeal is only available if the party has no alternative means of seeking review.
Further, 28 U.S. Code § 1361 gave federal district courts “original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.”
Mandamus at the State Level:
Rules on mandamus and similar orders vary by jurisdiction.
California
In California, there are 2 types of mandamus:
- Ordinary Mandate
- An ordinary mandate is used by a court to compel agencies to perform ministerial acts. Courts may also use it to compel the admission of a person to the use and enjoyment of a right or office to which the person is entitled, and from which the person is unlawfully precluded. An example of a party attempting this, albeit unsuccessfully, can be observed in Marbury v. Madison, 5 U.S. 137 when William Marbury attempted to have the Supreme Court issue a writ of mandamus to force Thomas Jefferson to install Marbury as a justice of the peace
- A court may issue a write of ordinary mandate against a corporation in the same circumstances.
- Ordinary mandates in California are governed by Cal. Code Civ. Proc. § 1084
- Administrative Mandate
- An ordinary mandate is used to review the validity of a final administrative order or decision made as the result of a lawfully required hearing
- Administrative mandates in California are governed by Cal. Code Civ. Proc. § 1094.5
Florida
In Florida, State ex rel. Evans v. Chappel, 308 So. 2d 1 (Fla. 1975) determined that the party asking for a writ of mandamus must demonstrate a clear legal right to commission of the particular duty in question. In Florida, in addition to issuing a writ of mandamus to a government official, a court may also issue a writ of mandamus to a lower court, as demonstrated in State ex rel. Gerstein v. Schwartz, 357 So. 2d 167 (Fla. 1978).
New York
In New York, a writ of mandamus may be issued for when an administrative agency, public body or officer failed to perform a duty enjoined upon it by New York Civil Practice Laws & Rules, Section 7803.
Further Reading
For more on writs of mandamus, see this University of Miami Law Review article and this Brigham Young University Law Review article. ##
Part II. Additional Information with More MHProNews Analysis and Commentary
On 1.4.2023 the message further below was sent to MHI CEO Lesli Gooch, Ph.D. (piled higher and deeper?), and Leo Poggione, MHI’s chairman who has a formerly independent retail sales center that Cavco Industries (CVCO) bought into. So, at present, the MHI chair Poggione, and Cavco’s President and CEO, William “Bill” Boor, who is currently MHI Vice Chair (chairman of vice?), hold the two ‘top spots’ on the “MHI Executive Committee.” One might think that Cavco would want to have more competitive lending, which Pew research, the Urban Institute, MHI, Bloomberg’s recent editorial in the Washington Post and the Manufactured Housing Association for Regulatory Reform (MHARR) among others have all said would result in more manufactured homes sold. So why is there reluctance on the part of MHI, or Cavco’s leadership for that matter, in pressing legally for the industry’s rights under HERA 2008? Why not sue for a writ of mandamus to compel FHFA to do its job with mortgage giants Fannie Mae and Freddie Mac?
Once more, ye old film flam man’s razzle dazzle tactics or Kabuki theatrics (take your pick) enters in.
Over 14 years have elapsed since DTS was made law by Congress. It should be apparent even to the geniuses that hold ‘leadership roles at MHI that unless that Arlington, VA based trade group does something ‘new’ and ‘different,’ they will only continue to get the same tired and unfulfilled result. At least a well-crafted and vigorously pursued suit for a writ of mandamus may yield the outcome MHI and several of their corporate leaders have repeatedly said they want. Such a suit could come with a media campaign that would plow the ground ahead of a court’s ruling. After all, aren’t those the methods sophisticated operations with ample resources would employ for something they really desired?
Hold those thought in considering this email sent yesterday to Gooch and Poggione, along with prior chair Tom Hodges, who happens to be Clayton Homes’ general counsel. The email was also sent to two more MHI connected outside attorneys as well as several BCCs to some state associations, plus company leaders that in several instances are MHI members and/or members of an MHI state affiliate.
Leo and Lesli,
As you know the Manufactured Housing Institute (MHI) states that it represents all segments of manufactured housing. In prior form 990 filings, MHI has stated in its own words that it aims for the industry’s growth.
MHI has stated at various times that it wants to see HUD enforce enhanced preemption. MHI has also stated in its own words that it wants to see DTS enforced and for reforms to make FHA Title I a meaningful program again to finance manufactured homes.
That said, has MHI filed suit for a Writ of Mandamus to get HUD or the FHFA to follow existing laws that your association claims it wants enforced?
As you may recall your prior general counsel, Rick Robinson authored a book that played off the use of the Writ of Mandamus.
Please email your reply for our mutual accuracy.
Also, you are hereby invited to respond to any of the articles linked below. Comments or feedback on prior reports are also welcomed. Please email your thoughts for accuracy.
Note that there are several BCCs in this message to document the inquiry to MHI leaders and attorneys.
Thank you.
Tony ##
MHProNews received confirmation from numbers of sources that the messages were received. Nevertheless, neither Gooch, Poggione, Hodges, or outside attorneys David Goch or John Greiner responded to the inquiries some 19 hours later.
(The image below is a screen capture of top of the emailed message above.)
As MHProNews has previously advised readers, the Justice Department website has issued a warning to the use of the ‘razzle dazzle’ as a common ploy by flimflam artists.
Razzle Dazzle, per the Collins Dictionary is defined as follows, with highlighting added by MHProNews. Razzle-dazzle definition and meaning – Collins Dictionary:
- showiness, brilliance, or virtuosity in technique or effect, often without concomitant substance or worth; flashy theatricality ·
Thesaurus.plus says: “Flimflam and razzle-dazzle are semantically related in deception…”
- The case can be made that MHI is either incompetent in achieving its own stated goals,
- or is operating for a publicly unstated agenda while desiring to appear to be advancing the claimed outcome.
There are several problems revealed by this example. Two of the possible points to be made are as follows.
- A) If MHI leaders are sincere, but incompetent, then they should obviously be replaced. But there is often praise by MHI corporate leaders for MHI staff.
- B) Additionally, as MHProNews has documented previously, MHI staffers are paid bonuses, per prior IRS Form 990 reports which are filed under penalties of perjury. So, let’s get this straight. MHI staff are paid bonuses for NOT achieving their stated goals on the issues named above? Is that the sobering reality at MHI? Is it any wonder that manufactured housing is now in its second straight month of downturn?
That publicly unstated agenda? While there are numbers of possible points and nuances, it can be summed up in one word. Consolidation. Antitrust author Matt Stoller said in an email to MHProNews on 1.4.2022 that consolidation is a goal and buzzword in several industries.
That being so, why would it be surprising if manufactured housing were one of them?
Part III. Daily Business News on MHProNews Markets Segment
The modifications of our prior Daily Business News on MHProNews format of the recap of yesterday evening’s market report are provided below. It still includes our signature left (CNN Business) and right (Newsmax) ‘market moving’ headlines. The macro market moves graphics will provide context and comparisons for those invested in or tracking manufactured housing connected equities.
In minutes a day readers can get a good sense of significant or major events while keeping up with the trends that are impacting manufactured housing connected investing.
Reminder: several of the graphics on MHProNews can be opened into a larger size. For instance: click the image and follow the prompts in your browser or device to OPEN In a New Window. Then, in several browsers/devices you can click the image and increase the size. Use the ‘x out’ (close window) escape or back key to return.
Headlines from left-of-center CNN Business – from the evening of 1.4.2023
- Chaos in Congress
- WASHINGTON, DC – JANUARY 03: Members of the 118th Congress stand for the Pledge of Allegiance on the first day of the 118th Congress in the House Chamber of the U.S. Capitol Building in Washington, DC.
- If House Republicans can’t pick a speaker, how will they tackle the debt ceiling or a potential recession?
- A view of the Twitter logo at its corporate headquarters in San Francisco, California, U.S. October 28, 2022.
- With its advertising business in crisis, Twitter eases ban on political ads
- TOPSHOT – Smoke rises from a Russian tank destroyed by Ukrainian forces, on the side of a road in Lugansk region on February 26, 2022. – On February 26, Russia ordered its troops to advance on Ukraine “from all directions” as the Ukrainian capital Kyiv imposed a blanket curfew and officials reported 198 civilian deaths.
- Inflation fears fade as geopolitical risks rise
- An Aldi Stores Ltd. supermarket in London, UK, on Friday, June 24, 2022. The Office for National Statistics said Friday the volume of goods sold in stores and online fell 0.5% in May, as soaring food prices forced consumers to cut back on spending in supermarkets.
- Aldi sales soar as UK shoppers battle record food inflation
- Tom Zhu Xiaotong, Tesla’s current executive in charge of China, speaks as a new Tesla experience store opens near West Lake on August 18, 2015 in Hangzhou, Zhejiang Province of China.
- Tom Zhu: Elon Musk’s right-hand man at Tesla may be in line to be his successor
- SHANGHAI,CHINA – MARCH 29: An aerial view of Tesla Shanghai Gigafactory on March 29, 2021 in Shanghai, China. Tesla Shanghai Gigafactory is reportedly producing vehicles at a rate of about 450,000 cars per year.
- Tesla shares see worst day in two years on weaker than expected sales
- A visitor browses an iPhone display at a new Apple store
- Apple has lost $1 trillion in market value in a year
- CNN EXCLUSIVE
- CNN Exclusive: Tito’s Vodka wants you to celebrate Dry January
- Jan 2, 2023; Cincinnati, Ohio, USA; Buffalo Bills players kneel to pray as the ambulance carrying teammate Buffalo Bills safety Damar Hamlin (not pictured) leaves the playing field during the first quarter against the Cincinnati Bengals at Paycor Stadium.
- Joseph Maiorana/USA Today Sports/Reuters
- ESPN stands by report that NFL planned to restart game after Hamlin collapsed
- Damar Hamlin’s sudden collapse sent ESPN scrambling. How Scott Van Pelt shifted from covering a game to a crisis
- Salesforce to cut about 10% of staff
- US job openings totaled 10.5 million in November, more than expected
- Dave & Buster’s co-founder James ‘Buster’ Corley dies in apparent suicide
- Tech’s biggest show is set to kick off in Las Vegas. Here’s what to expect
- Victoria’s Secret brand CEO abruptly resigns
- GM recaptured US sales title from Toyota in 2022
- Europe’s recession may not be as bad as feared
- Coinbase reaches $100 million settlement with New York regulator
- Get ready for a ‘slowcession’ in 2023, Moody’s says
- Pakistan to shut markets and restaurants early to save power amid economic crisis
- Twitter sued by landlord for allegedly failing to pay rent
- Elon Musk has lost a bigger fortune than anyone in history
Headlines from right-of-center Newsmax 1.4.2023
- Pope Benedict Didn’t Want Biden at His Funeral
- Mourners queue to see the body of late Pope Emeritus Benedict XVI in St. Peter’s Basilica at the Vatican Wednesday.
- President Joe Biden will not not attend Pope Emeritus Benedict XVI’s funeral in keeping with the wishes of the late Pontiff and the Vatican, says White House press secretary Karine Jean-Pierre. [Full Story]
- House Speakership Battle
- McCarthy Appears to Lose on Vote No. 6
- Caucus Members Tell McCarthy They’re OK With Jeffries as Speaker
- McCarthy Sees Path to Speakership With Fewer Votes
- Pence Backs McCarthy for House Speaker
- Biden: Fight Over Speaker ‘Embarrassing’
- AOC Proposes ‘Coalition Government’ Amid Speaker Search
- Carville: GOP Committing ‘Political Suicide’ With Speaker Debacle
- Video Report: McCarthy Still Lacks Speaker Votes, Other Names Emerge | video
- Gaetz Calls McCarthy ‘Squatter’ for Moving Into Speaker’s Office
- Pope Benedict, Emeritus: 1927-2022
- Franco to Newsmax: Benedict’s ‘Humility’ Had Impact
- Franco to Newsmax: Benedict’s ‘Humility’ Had Impact | video
- Murray to Newsmax: Clear Differences Between Benedict, Francis
- Pope Benedict Asked Biden Not to Attend His Funeral
- Alar: Benedict’s Resignation Widened Church Divide | video
- Father Murray: Benedict’s Legacy More Than Resignation | video
- SF Archbishop: Benedict ‘Accessible to Everyone’ | video
- Matthew Bunson to Newsmax: ‘On the Surface,’ Benedict and Francis Contrast | video
- Father Patalinghug to Newsmax: Benedict Was ‘Gentle’ Pope | video
- Newsmax TV
- David Horowitz’s ‘Final Battle’ Warns of Grave Crisis, Threat to Democracy | video
- Peter Pitts: Alzheimer’s Drug on Track for FDA Approval | video
- Ronna McDaniel: Disinfo Campaign Skewing My Polls | video
- Tim Burchett: Speaker Battle ‘Healthy’ | video
- Meuser: McCarthy Opponents ‘Petulant’ | video
- Peter King: Time for House GOP to Support McCarthy | video
- Tenney: I Think McCarthy Is Going to Be the Next Speaker | video
- -Elect Mullin: Citizen Legislators Vital, Bring Important Perspective | video
- More Newsmax TV
- Newsfront
- Federal Judge Dismisses Trump Lawsuit Against Jan. 6 Panel
- A federal judge on Wednesday dismissed former President Donald Trump’s lawsuit against the U.S. House Jan. 6 Select Committee concerning a subpoena issued in November…. [Full Story]
- Netanyahu Government Unveils Plan to Rein In Israel’s Top Court
- Prime Minister Benjamin Netanyahu’s new hard-right Israeli government [Full Story]
- Boebert to Trump: Tell McCarthy to End Speaker Bid
- Shortly beforeanother round of contentious floor votes for the House [Full Story]
- Report: Biden May Make First Border Visit Next Week
- President Joe Biden may be making his first stop at the U.S.-Mexico [Full Story]
- Russia Blames Cellphones, US HIMARS for 89 Deaths After Ukraine Attack
- Russia blamed the deadly New Year’s Day missile strike on cellphone [Full Story]
- Related
- Criticism Mounts in Russia as Ukrainian Strike Toll Rises
- DNA Needed to Identify Russian Remains After HIMARs Strike
- Russians Furious at Commanders Over Ukrainian Rocket Strike That Killed Scores
- Pro-Putin Operatives in Germany Work to Turn Berlin Against Ukraine
- J. Newspaper: 2nd Amendment a ‘Curse’ That Brings Carnage
- The New Jersey Star-Ledger published an editorial calling the Second [Full Story]
- UAE, China Ask UN Security Council to Meet Over Al Aqsa Mosque: Diplomats
- The United Arab Emirates and China have asked the U.N. Security [Full Story]
- Related
- Israeli Ultranationalist Minister Visits Jerusalem Holy Site
- Religious Dissent in Israel at Ben-Gvir’s Al Aqsa Compound Visit
- Varsity Blues Mastermind Gets 3-1/2 Years in Prison
- The architect of the largest U.S. college admissions fraud scheme [Full Story]
- Jihadist Violence Proves ‘Ongoing Threat’ After NYC Machete Attack
- A purportedly newly radicalized 19-year-old’s machete attack [Full Story] | Platinum Article
- Funeral Home Operator Jailed After Selling Body Parts of 500-Plus Victims
- A Colorado-based funeral home director has been sentenced to 20 years [Full Story]
- Afghans Who Worked for US Blast Bipartisan Failures Putting Them in Danger
- Afghans who worked for U.S. government agencies during America’s [Full Story] | Platinum Article
- Rasmussen: Most Voters Say Congress Won’t Fix Problems
- Voters are skeptical that Congress will beable to fix the nation’s [Full Story]
- Only Get a Walk in Tub if You’re over 60 & Have This
- The Senior Scoop
- Fed Aligned on Slowing Down Rate Hikes
- All officials at the Federal Reserve’s Dec. 13-14 policy meeting [Full Story]
- ‘Fearless’ Special Counsel Jack Smith Arrives in D.C. to Lead Trump Probes
- ‘Fearless’ Special Counsel Jack Smith Arrives in D.C. to Lead Trump Probes
- Jack Smith, the U.S. special counsel named to investigate Republican [Full Story]
- David Horowitz’s ‘Final Battle’ Warns of Grave Crisis, Threat to Democracy
- New York Times bestselling author David Horowitz has released a new [Full Story] | video
- Supreme Court Asked to Intervene in N.Y. Gun-Law Battle
- New York Attorney General Letitia James requestedthe Supreme Court to [Full Story]
- Biden: Fight Over Speaker ‘Embarrassing’
- President Joe Biden on Wednesday said the ongoing infighting among [Full Story]
- AOC Proposes ‘Coalition Government’ Amid Speaker Search
- Alexandria Ocasio-Cortez, D-N.Y., declared that “anything is [Full Story]
- Pence Backs McCarthy for House Speaker
- Former Vice President Mike Pence on Wednesday backed Rep. Kevin [Full Story]
- Pope Benedict Asked Biden Not to Attend His Funeral
- Recently deceased Pope Emeritus Benedict XVI and the Vatican [Full Story]
- San Francisco Girds for Bomb Cyclone, Flooding
- San Francisco is readyingfor heavy rain, high winds, and flooding as [Full Story]
- Sheriff: No Foul Play in ‘Avengers’ Star Jeremy Renner Snow Tractor Injury
- The serious injuries actor Jeremy Renner suffered while using a snow [Full Story]
- Related
- Renner Shares Photo From Hospital Bed
- White House Tries to Exploit GOP Miscues
- The White House is trying to take advantage of Republicans’ weak [Full Story]
- US Job Openings Fall Slightly
- S. job openings slipped in November but remained high suggesting [Full Story]
- Putin Sends New Hypersonic Cruise Missiles to Atlantic
- Russian President Vladimir Putin on Wednesday sent off a frigate [Full Story]
- Twitter to Relax Ban on Political Ads
- Twitter says it will ease up on its 3-year-old ban on political [Full Story]
- China Claims Its COVID Outbreak ‘Imported’ From US
- The Chinese state-run Global Times made allusions Monday that [Full Story]
- NYC Mayor: Colorado Dem Gov. Sending NYC Migrants
- New York City Mayor Eric Adams claimed Tuesdayhis fellow Democrat, [Full Story]
- Jeremy Renner Shares Photo from Hospital Bed Post Accident
- Jeremy Renner, the famed Marvel actor, shared a photograph of his [Full Story]
- Louisiana Law Blocking Minors’ Access to Porn Part of GOP Effort
- A Louisiana law that took effect New Year’s Day requires websites [Full Story]
- FDA Permits Abortion Pills at Retail Pharmacies
- The Food and Drug Administration said Tuesday that all pharmacies [Full Story]
- More Newsfront
- Finance
- Varsity Blues Mastermind Gets 3-1/2 Years in Prison
- The architect of the largest U.S. college admissions fraud scheme ever uncovered was sentenced on Wednesday to 3-1/2 years in prison for helping wealthy parents secure the admission of their children to elite universities through cheating and bribery…. [Full Story]
- FCC Proposes Additional Spectrum for Drones
- DOJ Seizes Robinhood Shares Tied to FTX’s Alameda
- Salesforce to Lay off 8,000 in Latest Tech Purge
- Coinbase to Pay $100M in Setttlement With N.Y.
- More Finance
- Health
- Adopt These 6 Simple Habits For a Healthier 2023
- Making small changes is easier than taking giant steps to improve your health in 2023. Research shows that modest accomplishments signal the reward circuitry in our brains, and this releases feel-good chemicals making us more confident, boosting our self-esteem and fueling…… [Full Story]
- Millions Could Lose Medicaid by April as Pandemic Rules Ease
- Chronic Procrastinators More Likely to Have Health Problems
- Peter Pitts to Newsmax: Alzheimer’s Drug on Track for FDA Approval
- Study: Building a Cognitive Reserve Protects Against Dementia
====================================
Updated
- NOTE 1: The 3rd chart above of manufactured housing connected equities includes the Canadian stock, ECN, which purchased Triad Financial Services, a manufactured home industry finance lender.
- NOTE 2: Drew changed its name and trading symbol at the end of 2016 to Lippert (LCII).
- NOTE 3: Deer Valley was largely taken private, say company insiders in a message to MHProNews on 12.15.2020, but there are still some outstanding shares of the stock from the days when it was a publicly traded firm. Thus, there is still periodic activity on DVLY.
- Note 4: some recent or related reports to the REITs, stocks, and other equities named above follow in the reports linked below.
2022 …Berkshire Hathaway is the parent company to Clayton Homes, 21st Mortgage, Vanderbilt Mortgage and other factory-built housing industry suppliers.
· LCI Industries, Patrick, UFPI, and LP each are suppliers to the manufactured housing industry, among others.
· AMG, CG, and TAVFX have investments in manufactured housing related businesses. For insights from third-parties and clients about our publisher, click here.
Disclosure. MHProNews holds no positions in the stocks in this report.
· For expert manufactured housing business development or other professional services, click here.
· To sign up in seconds for our industry leading emailed headline news updates, click here.
That’s a wrap on this installment of “News Through the Lens of Manufactured Homes and Factory-Built Housing” © where “We Provide, You Decide.” © (Affordable housing, manufactured homes, stock, investing, data, metrics, reports, fact-checks, analysis, and commentary. Third-party images or content are provided under fair use guidelines for media.) (See Related Reports, further below. Text/image boxes often are hot-linked to other reports that can be access by clicking on them.)
By L.A. “Tony” Kovach – for MHProNews.
Tony earned a journalism scholarship along with numerous awards in history. There have been several awards and honors and also recognition in manufactured housing. For example, he earned the prestigious Lottinville Award in history from the University of Oklahoma, where he studied history and business management. He’s a managing member and co-founder of LifeStyle Factory Homes, LLC, the parent company to MHProNews, and MHLivingNews.com. This article reflects the LLC’s and/or the writer’s position and may or may not reflect the views of sponsors or supporters.