City of Dallas v. Stewart

Justice JOHNSON,

joined by Justice WAINWRIGHT, Justice GREEN, and Justice GUZMAN, dissenting.

The finding by Dallas’s Urban Rehabilitation Standards Board (URSB) that Heather Stewart’s property was a nuisance, when affirmed by the trial court, should have determined the nuisance question and precluded its relitigation. Because the Court holds otherwise, I respectfully dissent.

I. General

Statutory requirements afford significant safeguards to property owners whose property a city seeks to abate as a public nuisance. See Tex. Loc. Gov’t Code chs. 54, 214. Stewart does not claim that Dallas’s…