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 […]
December 2, 2021Declaratory Judgments, Health and Safety, Injunction, Land Use, Litigation, Procedure, Sovereign Immunity, Structural Standards, Takings, Zoning 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 […]
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 […]
June 22, 2021Declaratory Judgments, Land Use, Zoning 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 […]
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, […]
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 […]
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 […]
October 24, 2017Board of Adjustment, Declaratory Judgments, Injunction, Zoning City’s letter advising of BOA decision was not “the decision filed in the board’s office” for purpose of BOA appeal deadlines under Chapter 211 says Austin Court of Appeals Lisa Risoli v. Board of Adjustment of the City of Wimberley, and the City of Wimberley 03-17-00385-CV (Tex.App—-Austin October 19, 2017) […]
