Winn v. City of Irving

KINKEADE, Justice.

Jim Winn appeals a summary judgment dismissing his suit for an injunction and damages based upon the City of Irving’s failure to rezone his property. Winn contends that the summary judgment was improper because material fact issues existed. We disagree and affirm the trial court’s judgment.

Winn owned property in the City of Irving which he used in an auto salvage operation. This use violated Irving’s zoning ordinance, so Winn applied to Irving’s Zoning and Planning Commission to rezone Ms property. Although the Zoning and Planning Commission may recommend action to the…