City of Houston v. Jones

I respectfully dissent.

The majority opinion deals with the validity of Appellant’s “stop order,” or in the alternative, the invalidity of the building permit Appellant issued to Appellees. However, this court’s function is to review the trial court’s issuance of an injunction to determine if there was an abuse of discretion.

The majority improperly places the burden of proof on Appellees to affirmatively establish the existence of a statutory exemption. It is my belief that the burden of proof should be upon the Appellant to show that Appellees have failed to comply with the requirements for…