the Town of Annetta South, Texas Gerhard Kleinschmidt James Ablowich Phillip Kuntz And David Goolsby v. Seadrift Development, L.P.

OPINION1

SUE WALKER, Justice.

I. Introduction

The primary issue in this appeal is whether Appellant The Town of Annetta South’s Ordinance 011 — which requires that all lots within the Town’s extraterritorial jurisdiction (ETJ) must be at least two acres in size — violates Texas Local Government Code section 212.003(a)(4). See Tex. Loc. Gov’t Code Ann. § 212.003(a) (West 2008); Annetta South, Tex., Ordinance Oil (Sept. 12,1985). The trial court found that it did and granted a partial summary judgment for Appellee Seadrift Development, L.P. specifically on this ground. For the reasons set forth…