Legal Opinion

City of Carrollton v. RIHR INC.

Texas Court of Appeals, 5th District (Dallas)

Decided April 26, 2010No. 05-08-01715-CVPublishedCited by 28 opinions

1Opinion of the Court

OPINION

Opinion by Justice FILLMORE.

Appellee RIHR Incorporated, owner of two residential development lots in Car-rollton, Texas, applied to appellant The City of Carrollton for building permits to complete construction of houses on those lots. Carrollton refused to issue those permits, demanding instead that RIHR first reimburse Carrollton for a portion of the city’s cost to remediate a collapsed retaining wall on lots not owned by RIHR. Following a non-jury trial, the trial court signed a final judgment in favor of RIHR on its claim that Carrollton imposed an improper exaction as a condition…

2Cases cited26 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  5. Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005

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3Cited by28 opinions

  1. Tanglewood Homes Association, Inc. v. Stewart A. Feldman, Marla B. Feldman, and Miichael T. Kelly, Trustee, Texas Court of Appeals, 14th District (Houston)2014
  2. Goldman, Mark & Caroline v. Olmstead, Jeffrey & Summer, Sandra Hewett, NRT Texas, LLC, Texas Court of Appeals, 5th District (Dallas)2013
  3. Wells Fargo Bank Northwest, N.A. v. RPK Capital XVI, L.L.C., Texas Court of Appeals, 5th District (Dallas)2012
  4. Hot-Hed, Inc. v. Safehouse Habitats (Scotland), Ltd., Texas Court of Appeals, 1st District (Houston)2011
  5. Mira Mar Development Corporation v. City of Coppell, Texas, Texas Court of Appeals, 5th District (Dallas)2013

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