Austin Neighborhoods Council, Inc. v. Board of Adjustment

PHILLIPS, Chief Justice.

This is an appeal from the trial court’s affirmance of a decision of the appellee Austin Board of Adjustment. The Board upheld the issuance of a building permit by the Austin Building Department to appellee Capitol Mortgage Bankers, Inc.

We reverse the judgment of the trial court and remand the case with instructions to dismiss the case.

Appellants 1 appealed the initial issuance of the building permit by the Austin Building Department to the Board pursuant to Tex.Rev.Civ.Stat.Ann. art. 1011g(d) (Supp. 1981). 2 They contend that the Austin Building Department relied upon…