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 […]
Category: Vested Rigths
First Court of Appeals holds 380 development agreement was an agreement for goods and services (waiving immunity) but dismissed all other claims brought against the City by the developer
Town Park Center, LLC v. City of Sealy, Texas, Janice Whitehead, Mayor, Lloyd Merrell, City Manager and Warren Escovy, Assistant City Manager, […]
The Tenth Court of Appeals affirmed the trial court’s summary judgment against the plaintiff developer because it did not challenge all possible grounds supporting the summary judgment order
Special contributing author Laura Mueller, City Attorney for Dripping Springs David A. Bauer, et al. v. City of Waco, No. 10-19-00020-CV […]
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 […]
Austin Court of Appeals holds no vested rights for zoning changes related to square foot of use ratio
River City Partners, Ltd. V City of Austin, 03-19-00253-CV (Tex. App. — Austin, June 4, 2020). This is a vested rights/Chapter 245 […]
Property owner did not allege viable constitutional claim after County granted neighbor development permit
Stephen Sakonchick II v. Travis County, 03-19-00323-CV (Tex. App. – Austin Oct. 30, 2019). This is a constitutional challenge to a construction […]
7th Court of Appeals holds vested rights statute requires a showing of two permits; one vesting and one after a change in regulations
Jon E. Jacks v. The Zoning Board of Adjustment of the City of Bryan 07-18-00174-CV (Tex. App. – Amarillo, July 9, 2019) […]
City’s denial of plat application citing inconsistencies with “general plan” of city, without more, is insufficient and therefore vested rights are implicated
The Village of Tiki Island, et al. v. Premier Tierra Holdings Inc., 14-18-00014-CV (Tex. App. – Houston [14th Dist.], July 10, […]
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 […]
Trial court abused its discretion in awarding attorney’s fees to City in vested rights and declaratory judgment case
Patsy B. Anderton, et al. v. City of Cedar Hill, 05-17-00138-CV (Tex. App. – Dallas, May 25, 2018) The Dallas Court of […]