Texans to Save the Capitol, Inc. v. Board of Adjustment

PHILLIPS, Chief Justice.

Appellants 1 appeal from the trial court’s judgment which had affirmed a decision of appellee Board of Adjustment of the City of Austin, 2 which decision, in turn, had af firmed the issuance of a building permit to appellee Rust Properties 3 by the Austin Building Department.

We affirm the judgment of the court below and sustain the issuance of the building permit.

Appellee Rust Properties’ building permit, the focal point of this appeal, grants appellee the right to construct a 398 feet tall building at 6th and Congress in downtown Austin. Appellants challenge the…