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Category: Land Use

Declaratory Judgments, Land Use, Uncategorized, Zoning

U.S. Supreme Court holds courts must defer to FCC’s, determination of its own jurisdiction.

May 25, 2013rhenry12598Leave a comment

City of Arlington, Texas v. Federal Communications Commission No. 11-1545 and 11-1547, slip op. (U.S. Supreme Court, May 20, 2013). This is a U.S. Supreme Court opinion which holds that federal agencies such as the FCC have the authority to determine their
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Declaratory Judgments, Land Use

Developers have standing to challenge City’s Fair Notice Ordinance under Chapter 245

May 23, 2013rhenry12598Leave a comment

San Antonio v Greater San Antonio Builders Ass., No. 04-12-00745-CV (Tex. App. – San Antonio, May 22, 2013) This is a declaratory judgment case challenging the City of San Antonio’s ordinance which requires a particular application be submitted before the City will
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Constitutional Challenge, Declaratory Judgments, Land Use

Federal judge writes with humor in denying SOB injunction.

April 30, 2013rhenry12598Leave a comment

35 Bar and Grill, et al v City of San Antonio, SA-13-CA-34-FB, U.S. District Court, Western District of Texas, San Antonio Division, April 29, 2013). Normally this appellate update is focused on appellate cases once opinions are issued. However, this U.S. District
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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4th Court of Appeals holds BOA has no authority to hold ordinance is superseded by statute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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