Legal Opinion · Dissent

Board of Adjustment of Piney Point Village v. Amelang

Court of Appeals of Texas

Decided August 13, 1987No. A14-86-00856-CVPublished

1DissentJ. Curtiss Brown, Chief Justice

I respectfully dissent.

I agree with the trial court that the Board of Adjustment of Piney Point Vil*408lage abused its discretion. Karl Amelang established his right to a special exception permitting his fence under every provision of 9.4.1. His property is located at the intersection of Piney Point and Memorial Drive. The vehicular traffic is heavy. Protection from criminal activity ranging from trespass to burglary is desirable. Although notified, none of Amelang’s neighbors objected to his fence. Indeed, those that filed the affidavits approved of the fence and endorsed the necessity for it.…

2Cases cited2 opinions

  1. City of San Angelo v. Boehme BakeryTexas Supreme Court · 1945
  2. City of Spring Valley v. HurstCourt of Appeals of Texas · 1975

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