Board of Adjustment of the City of San Antonio v. Wende

The issue is whether San Antonio’s Board of Adjustment (“the Board”) erred in finding that land leased but not used for quarry purposes before being annexed and subsequently zoned for residential use has a “preexisting nonconforming use” as a quarry such that the residential zoning does not apply. The City of San Antonio’s Director of the Department of Building Inspections approved the lessee’s filing of a registration statement of nonconforming use based on the preexisting leases. The Board approved the director’s determination, and, on writ of certiorari, the trial court affirmed the…