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Category: Zoning

Litigation, Nuisance, Zoning

El Paso’s SOB Ordinance Affirmed

February 21, 2013rhenry12598Leave a comment

Bryan S. Foster d/b/a Jaguars Gold Club v. City of El Paso, No. 08-10-00157-CV, Court of Appeals for Eighth District (February 20, 2013.) Plaintiff Foster appeals the trial court’s granting of the City of El Paso’s motion for summary judgment related to
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Litigation, Zoning

City’s Fight Over River Ordinances Continues

February 21, 2013rhenry12598Leave a comment

New Braunsfels v STOP, NO. 03-12-00528-CV, Third Court of Appeals (February 21, 2013) This is an opinion which essentially denied the City’s Plea to the Jurisdiction.   The City had a collection of ordinances designed to limit or eliminate the “over consumption” of
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Zoning

Tex. Supreme Ct Holds Air Quality Permit Preempts City’s Land Use Ordinance

February 15, 2013rhenry12598Leave a comment

Southern Crushed Concrete v City of Houston, NO. 11-0270, ___S.W.3d ____ (Tex. February 15, 2013). In this case from the Texas Supreme Court the Court held that the Texas Clean Air Act (“TCAA”) preempts certain local ordinances even if the ordinance is
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Litigation, Zoning

Court of Appeals Upholds Substandard Building Demolition

February 6, 2013rhenry12598Leave a comment

Wood v City of Texas City This is a public nuisance/substandard building case in a city utilizing a Buildings and Standards Commission. Wood owned, among many others, two properties in Galveston County which he purchased at a foreclosure sale. Following Hurricane Ike,
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Zoning

BOA reversed for using incorrect standard of review after attorney’s advice

February 1, 2013rhenry12598Leave a comment

LIT HW 1, L.P. v Town of Flower Mound et al. LIT owns a warehouse in Flower Mound which it leases to an electrical component recycler.  The Town adopted the 2006 version of the International Building Code.  LIT did not have heating
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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
  • 14th Court of Appeals holds Plaintiff in vehicle accident failed to estbalish City recieved a proper notice of claim or actual knowledge of the claim within deadline so case was dismissed

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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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