January 25, 2022Agency, Board of Adjustment, Declaratory Judgments, Injunction, Litigation, Procedure, Zoning Lubbock Court of Appeals affirmed board of adjustment condition to re-evaluate variance request after a set number of years MVP Raider Park Garage, LLC. V Zoning Board of Adjustment of City of Lubbock, et al, 07-20-00261-CV (Tex. App. – Lubbock, Jan. […]
December 27, 2021Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Injunction, Litigation, Sovereign Immunity, Takings, Vested Rigths, Zoning Fort Worth Court of Appeals holds Plaintiffs properly plead constitutional challenges to City’s short-term rental ordinance City of Grapevine v. Ludmilla B. Muns, et al, 02-19-00257-CV (Tex. App. – Fort Worth, Dec. 23, 2021) This is an […]
August 25, 2021Agency, Board of Adjustment, Constitutional Challenge, Land Use, Litigation, Procedure, Sovereign Immunity, Zoning Dallas Court of Appeals holds trial court had jurisdiction for BOA appeal only, but no monetary or constitutional claims could survive the board’s plea City of Dallas, et al v. PDT Holdings, Inc., et al. 05-21-00018-CV (Tex. App. – Dallas, August 24, 2021). This is […]
August 22, 2021Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Ultra Vires Fourth Court of Appeals holds plaintiff suing for BOA decision must be given opportunity to replead to show timing of when the BOA decision was filed in board’s offices Alpha Securities, LLC, v City of Fredericksburg, 04-20-00447-CV (Tex. App. – San Antonio, Aug. 10, 2021, no pet h.). This is a […]
November 2, 2020Board of Adjustment, Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, Takings, Vested Rigths, Zoning Property owner failed to allege Ch. 211 or 245 claims for zoning change; failure-to-exhaust-remedies bar applied to inverse-condemnation claim City of Dickinson v Stefan, 14-18-00778-CV, (Tex. App. – Houston [14th Dis.], Oct. 27, 2020) Stefan operated his home computer business […]
June 8, 2020Agency, Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Health and Safety, Injunction, Litigation, Procedure, Sec. 1983, Sovereign Immunity, Structural Standards, Tax, TOMA, Zoning BOA appeal deadline of 10 days applies to Open Meetings, declaratory judgment, and as-applied constitutional claims, holds Dallas Court of Appeals Tejas Motel, LLC v City of Mesquite, by and through its Board of Adjustment, 05-19-00667-CV (Tex. Civ. App. – Dallas, June 4, […]
December 19, 2019Board of Adjustment, Land Use BOA appeal moot due to relocation of shed built in setback says Fort Worth Court of Appeals Oak Point Board of Adjustment v. Jeff Houle, 02-19-00068-CV, (Tex. App – Fort Worth, Dec. 12, 2019) This is a board of […]
August 23, 2019Board of Adjustment, Declaratory Judgments, Injunction, Land Use, Litigation, Zoning Fort Worth Court of Appeals holds injunctive relief not available to stop enforcement of ordinance regulating gas/oil production The Town of Flower Mound, Texas, et al. v. EagleRidge Operating, LLC, 02-18-00392-CV, (Fort Worth, Aug. 22, 2019) This is an interlocutor […]
October 18, 2018Board of Adjustment, Declaratory Judgments, Litigation, Sovereign Immunity, Ultra Vires Board of Adjustment’s plea on declaratory judgment claim granted as UDJA is a redundant remedy says Austin Court of Appeals City of Wimberley Board of Adjustment v. Creekhaven, LLC; and William D. Appleman, 03-18-00169-CV (Tex. App. – Austin, October 18, 2018) […]
June 20, 2018Board of Adjustment, Constitutional Challenge, Declaratory Judgments, Eminent Domain, Injunction, Land Use, Sovereign Immunity, Takings, Ultra Vires, Vested Rigths, Zoning Zoning amendment was not retroactive and property owner had no vested interest in perpetual use of his property for a specific purpose says Dallas Court of Appeals Hinga Mbogo, et al. v. City of Dallas, et al. 05-17-00879-CV (Tex. App. – Dallas, June 19, 2018) This is an […]
