Southern Crushed Concrete, LLC v. City of Houston

Affirmed and Majority and Dissenting Opinions filed November 17, 2010.

In The

Fourteenth Court of Appeals

___________________

NO. 14-09-00873-CV

___________________

Southern Crushed Concrete, LLC, Appellant

V

City of Houston, Appellee

On Appeal from the 333rd District Court

Harris County, Texas

Trial Court Cause No. 2008-68402

MAJORITY OPINION

In this land-use dispute, a concrete-crushing company asserts that a local ordinance is preempted by the Texas Clean Air Act, and thus, its enforcement violates the state constitution. The company additionally argues that in evaluating its application for a permit…