Legal Opinion
FM Properties Operating Co. v. City of Austin
Court of Appeals for the Fifth Circuit
Decided August 15, 1996No. 95-50426PublishedCited by 81 opinions
1Opinion of the Court
DUHÉ, Circuit Judge:
FM Properties Operating Company (“FMP”) sued the City of Austin, Texas, under 42 U.S.C. § 1983, claiming the City arbitrarily and capriciously rejected its application for a land development permit, thereby violating its Fourteenth Amendment substantive due process rights. The district court entered judgment on a jury verdict in favor of FMP, and the City appealed. Because we find that FMP has failed to state a constitutional claim, we reverse the judgment and remand to the district court to dismiss.
I
A House Bill h
In 1987, the Texas Legislature enacted the Texas Department…
2Cases cited29 opinions
- Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Vance v. BradleySupreme Court of the United States · 1979
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
24 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
- FM Properties Operating Co. v. City of AustinTexas Supreme Court · 2000
- Littlefield v. Forney Independent School DistrictCourt of Appeals for the Fifth Circuit · 2001
- Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
- Ruth E. Hughes, Individually and as Representative of the Estate of Sherman Hughes, Sr., Deceased v. The Tobacco Institute, Inc. Philip Morris, Inc. Brown & Williamson Tobacco Corporation R.J. Reynolds Tobacco Co. B.A.T. Industries Plc Lorillard Tobacco Co. The American Tobacco Company Liggett Group, Inc. United States Tobacco Company the Council for Tobacco Research Usa, Inc., Carlis Cole, Carlis Cole Charles Cole Louis Ardoin Charles Banks Ruth Davis Donald French Lois French Linda Goodwin Daniel Hughes Barbara Orr Darrell Orr, Sr. Dale Sonnier Agnes Vondy, Individually & as Representative of the Estate of Luanne Davis, Deceased Kaffie Williams, Individually & as Representative of the Estate of Jules Williams, Sr., Deceased Frank O'Pry Joseph Wray, the Son of Thomas H. Wray, Deceased, & Paula Wray Ewing, of the Estate of Thomas H. Wray, Deceased Patricia Gibson, Individually & as Representative of the Estate of Danny Gibson, Deceased & as Next Friend of Paul Gibson, Patrick Gibson, Bryan Gibson, Gayla Gibson & Gabrielle Gibson, Minors, Steven Faircloth, Intervenor v. The Tobacco Institute, Inc. Philip Morris, Incorporated Brown & Williamson Tobacco Corporation R.J. Reynolds Tobacco Company B.A.T. Industries Plc Lorillard Tobacco Company the American Tobacco Company Liggett Group, Inc. United States Tobacco Company the Council for Tobacco Research Usa, Inc.Court of Appeals for the Fifth Circuit · 2001
76 more not listed; retrieve them via the Exa API.