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Category: Board of Adjustment

Board of Adjustment, Land Use, Litigation

Some evidence supports Board of Adjustment holding so trial court abused its discretion in reversing says Fourth Court of Appeals.

July 3, 2013rhenry12598Leave a comment

Board of Adjustment for the City of San Antonio, et al v. Kennedy, et al., 04-12-00757-CV (Tex. App. – San Antonio July 3, 2013). This is an appeal from a Board of Adjustment decision where the Court of Appeals did a detailed
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Board of Adjustment, Land Use, Takings, Zoning

Property owners’ claims not ripe because they failed to remedy deficiencies in plat application says Fourteenth Court of Appeals.

June 22, 2013rhenry12598Leave a comment

Riner v. The City of Hunters Creek, 14-12-00339-CV (Tex. App. – Houston [14th Dist.] June 20, 2013). This is a denial of a replat application where the court held the property owners did not pursue all avenues to remedy any deficiencies, so
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Board of Adjustment, Land Use, Zoning

4th Court of Appeals holds BOA has no authority to hold ordinance is superseded by statute

March 30, 2013rhenry12598Leave a comment

Bartonville Planning and Zoning Board of Adjustment v Bartonville Water Supply District, No. 04-12-00483-CV, (Tex. Civ. App. – San Antonio, March 27, 2013) The Bartonville Water Supply District attempted to erect a new water tower within the Town of Bartonville and argued
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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