Legal Opinion

Sefzik v. City of McKinney

Texas Court of Appeals, 5th District (Dallas)

Decided August 15, 2006No. 05-04-00609-CVPublishedCited by 27 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MOSELEY.

The City of McKinney conditioned approval of a subdivision development on the payment of certain road construction costs. The developer’s assignees, Roger and Jennifer Sefzik, alleged the City imposed an improper exaction as a condition to obtaining a building permit to develop the land, thereby taking private property without providing adequate compensation in violation of article I, section 17 of the Texas Constitution. Both parties moved for summary judgment. The trial court denied the Sefziks’ motion and granted the City’s motion on the basis of waiver and…

2Cases cited28 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  3. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  4. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  5. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987

23 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. McGrath v. FSI Holdings, Inc., Texas Court of Appeals, 5th District (Dallas)2008
  2. Cooper v. Circle Ten Council Boy Scouts of America, Texas Court of Appeals, 5th District (Dallas)2008
  3. Wilson v. Davis, Texas Court of Appeals, 1st District (Houston)2009
  4. City of Carrollton v. RIHR INC., Texas Court of Appeals, 5th District (Dallas)2010
  5. Kelly v. Brown, Texas Court of Appeals, 5th District (Dallas)2008

22 more not listed; retrieve them via the Exa API.

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