City of Lubbock v. Bownds

COUNTISS, Associate Justice.

This appeal is from a trial court judgment ordering appellant, the City of Lubbock (hereafter “the City”) to grant a zoning variance to appellee Frank D. Bownds (hereafter “Bownds”). Because the trial court’s jurisdictional power was not fully activated when it tried the case, we reverse and remand.

Bownds started construction of a carport in front of the garage attached to his home. An employee of the City ordered him to stop work because he had not obtained a building permit. Bownds attempted to obtain a permit from the City but was unable to do so because the…