Property owner’s suit frivolous after challenging nuisance and demolition determination

Marilyn Stewart v. The City of San Antonio 04-13-00720-CV (Tex. App. – San Antonio, April 30, 2014).

The underlying suit arises out of a structural standards commission determination a building is substandard and ordering its demolition. Stewart was a lienholder and possible property owner who appealed the determination but lost at the trial court. The court determined the appeal was frivolous since Stewart had no grounds, so she appealed to the San Antonio Court of Appeals.

While she asserted her appeal was not frivolous, her focus centered on the trial courts failure to address her ownership interest. However, she did not contest the nuisance finding. As a result, no substantial question exist for appellate review by the trial court.  It affirmed the determination the appeal was frivolous.

If you would like to read this opinion click here. Panel: Chief Justice Stone, Justice Angelini, Justice Marion. Memorandum Per Curiam opinion. Attorneys listed for the City are Savita Rai and Samuel Charles Wood Adams. Ms. Steward was pro se.

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