Constitutional Challenge, Land Use, Sovereign Immunity, Takings, Zoning

City immune from delay in zoning approval due to City Attorney’s mistaken understanding of municipal boundary line

City of Floresville, et al.  v. Starnes Investment Group, LLC, 04-16-00038 (Tex.App— San Antonio, September 28,2016) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a case where a city employee mistakenly informed a property developer
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Constitutional Challenge, Declaratory Judgments, Land Use, Separation of Powers, Sign Regulation, Ultra Vires

City’s billboard registration fee determined to be unconstitutional tax

Reagan National Advertising of Austin, Inc. d/b/a Reagan National Advertising v. City of Austin, Texas; and Marc A. Ott, being sued in his Official Capacity 03-15-00370-CV (Tex. App.- Austin, June 15, 2016) This is a case to determine whether a billboard registration
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Agency, Constitutional Challenge, Declaratory Judgments, Health and Safety, Land Use, Litigation, Preemption, Sovereign Immunity, Takings, Vested Rigths

If you have a case involving Chapter 245 vested rights, zoning changes, and distance restrictions on alcohol sales read this 71 page opinion

FLCT, Ltd. and Field Street Development I, Ltd. v. City of Frisco, Texas, 02-14-00335-CV (Tex. App.- Fort Worth, May 26th 2016) Owners are two partnerships that own adjacent property in Frisco. FLCT’s tract is located on the actual corner; Field’s tract is
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Board of Adjustment, Constitutional Challenge, Land Use, Litigation, Official/Qualified Immunity, Procedure, Sovereign Immunity, Takings, Ultra Vires, Zoning

Trial court properly dismissed various claims brought against Board of Adjustment

Glen Sumner v. Board of Adjustments of City of Spring Valley Village, Texas; The City of Spring Valley Village Texas, Art Flores, and Rickie Prichard 14-15-00149-CV (Tex. App- Houston [14th Dist.], May 17th 2016). This is a board of adjustment and takings
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Board of Adjustment, Land Use, Zoning

Court orders ZBOA to issue certificate of occupancy since “[t]he proposed use of the property in question looked, swam, and quacked like a ‘Hospital’ and ‘Convalescent Center'”

City of Glen Rose, Texas and the Zoning Board of Adjustments of the City of Glen Rose, Texas v. Ernest and Shirley Reinke, 07-15-00266-CV (Tex. App. – Amarillo, February 8, 2016), This is an appeal from a ZBOA decision regarding the denial
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Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Nuisance, Official/Qualified Immunity, Sovereign Immunity, Takings, TOMA, Ultra Vires

Property owners cannot sue on City’s right to amend deed restrictions on lots it owns or create City park; increased traffic and noise cannot be basis for inverse condemnation claim

The City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, et al., 01-15-00436-CV (Tex. App. – Houston [1st Dist.], February 11, 2016). This is essentially an inverse condemnation case where the First Court of Appeals reversed the denial of a
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Annexation, Constitutional Challenge, Contracts, Declaratory Judgments, Land Use, Litigation, Procedure, Sovereign Immunity, Ultra Vires, Zoning

City’s jurisdictional plea denied in case asserting City’s development agreement equates to contract zoning

City of Shavano Park v. Ard Mor, Inc., et al, 04-14-00781-CV (Tex. App. – San Antonio, July 29, 2015) This is an interlocutory appeal from the denial of a plea to the jurisdiction involving a challenge to an adjacent development agreement and
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Declaratory Judgments, Land Use, Litigation, Sovereign Immunity, Ultra Vires, Zoning

Association has standing to challenge validity of zoning change ordinance; Declaratory judgment actions do not intertwine jurisdiction with merits says Dallas Court of Appeals

  City Of Dallas and Larry Holmes, in his Official Capacity as Chief Building Official for the City of Dallas v. East Village Association, 05-14-01406-CV (Tex. App. –Dallas July 21, 2015. This is an interlocutory appeal from the denial of a plea
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