Save Our Springs Legal Defense Fund v. City of Austin

I respectfully dissent. Under the rules that govern cases like the present, we are obliged to assess the costs of the appeal against appellants, not the City of Austin.

When, as here, the trial court denies a plaintiffs application for temporary injunction restraining the construction of an improvement, and the defendant erects the improvement pending appeal, the temporary-injunction cause becomes moot and must be dismissed at the plaintiffs cost. Zuniga v. U.S. Investors, Inc., 453 S.W.2d 811, 811-12 (Tex.1970); Cameron v. Saathojf, 162 Tex. 124, 345 S.W.2d 281, 282 (1961). The same holds…