Home-Rule City cannot extent building codes into ETJ says Dallas Court of Appeals

Collin County v City of McKinney, et.al.,  05-17-005460CV, (Tex. App. — Dallas, May 11, 2018).  In this statutory construction case, the Dallas Court of Appeals held City of McKinney lacks authority to enforce its building codes in its extraterritorial jurisdiction, … Continue reading


Trial court properly dismissed subsequent purchaser’s TTCA and Takings claims after City demolished house

Jorge Rodriguez v. City of Fort Worth, 07-16-00037-CV (Tex.App. – Amarillo, December 8, 2017) This is a takings/condemnation and TTCA case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction. Prior to … Continue reading


Texas Supreme Court holds general law city cannot extend building codes into ETJ

Town of Lakewood Village v Bizios, 15-0106 (Tex. May 27, 2016) This is an interlocutory appeal from a temporary-injunction order regarding whether a Type A general-law municipality has authority to enforce its building codes and building-permit requirements within its extraterritorial … Continue reading


Ordinance 30 day limitation to appeal BOA determination was not a statutory prerequisite, so trial court retained jurisdiction of takings claim

Nancy Wedgeworth v. City of Amarillo, et al. 07-15-00301-CV (Tex. App. – Amarillo, May 17, 2016) This is a structural standards case where the Amarillo Court of Appeals reversed the trial court’s granting of a plea to the jurisdiction. Wedgeworth … Continue reading

Failure to appeal demolition order prohibits apartment owners from bringing a takings claim says Fort Worth Court of Appeals

1707 New York Ave., LLC v. City of Arlington, 02-14-00259-CV (Tex. App. – Fort Worth, October 22, 2015). This is a structural standards/constitutional takings case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to … Continue reading

Owner of demolished condo cannot piggyback on other owners’ attempts to appeal in order to obtain standing says Houston Court of Appeals

Lee Ann Wheelbarger v. City of El Lago and Richard Smith, 01-13-00704-CV (Tex. App. – Houston [1st Dist.], September 18, 2014), Wheelbarger owned a condominium (built in 1970s) in a complex called the Landing which was severely damaged by Hurricane … Continue reading

Appellant did not submit court records, so waived takings and structural standards appeal

Samuel T. Russell v. City of Dallas, 05-13-00061-CV (Tex. App. – Dallas, May 16, 2014). This is a substandard building case where Russell challenged the demolition of a building on his property and brought a takings claim against the City. … Continue reading