Texas Supreme Court holds city’s civil-enforcement of utility payment ordinance was not an unconstitutional taking
City of Baytown v Alan Schrock, 20-0309 (Tex. May 13, 2022) In this takings case, the Texas Supreme Court held the […]
Category: Land Use
U.S. Supreme Court holds Austin on-premise/off-premise sign regulation is content neutral
Special contributing author Laura Mueller, City Attorney for Dripping Springs City of Austin, Texas v. Reagan Nat’l Advert. Of Austin, LLC., et […]
Texarkana holds city properly supported its summary judgment to permanently enjoin mobile home park
Polecat Hill, LLC, et al. v. City of Longview, Texas, et al. 06-20-00062-CV (Tex. App. – Texarkana, December 2, 2021). This is […]
Dallas Court of Appeals holds commercial lease on property separated from airport was a proprietary function
City of Dallas v. Oxley Leasing North Loop, LLC, 05-21-00241-CV, (Tex. App – Dallas, Nov. 12, 2021) This is a breach of […]
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 […]
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 […]
Texas Supreme Court holds historic preservation ordinance is not “zoning” but must still comply with certain Chapter 211 requirements
Powell, et al., v City of Houston, 19-0689 (Tex. June 4, 2021) The Texas Supreme Court determined that Houston’s Historic Preservation Ordinance […]
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 […]
Fort Worth Court of Appeals analyzes the law-of-the-case doctrine and determines private property owners did not establish claims against a city regarding fee simple land ownership
City of Mansfield, et al., v Saverings, et al, 02-19-00174-CV (Tex. App. – Fort Worth, July 16, 2020) In this lengthy opinion, […]
San Antonio Court of Appeals affirms county’s jurisdictional challenge and award of sanctions against property owner
Kehoe v Kendall County, 04-19-00825-CV (Tex. App. – San Antonio, July 15, 2020). This is a declaratory judgment case involving a private […]