Legal Opinion

Shumaker Enterprises, Inc. v. City of Austin

Texas Court of Appeals, 3rd District (Austin)

Decided November 2, 2010No. 03-09-00613-CVPublishedCited by 11 opinions

1Opinion of the Court

OPINION

J. WOODFIN JONES, Chief Justice.

Shumaker Enterprises, Inc. (“Shumaker”) filed a permit application with Travis County seeking to develop its real property located in the county. Subsequently, but before the County had acted on the application, the property became part of the extraterritorial jurisdiction (“ETJ”) of the City of Austin. The City then required Shumaker to obtain a City permit to develop the property. Shumaker filed suit in district court against the City, asserting that chapter 245 of the Texas Local Government Code 1 required the City to consider only those requirements…

2Cases cited5 opinions

  1. Provident Life & Accident Insurance Co. v. KnottTexas Supreme Court · 2003
  2. Joe v. Two Thirty Nine Joint VentureTexas Supreme Court · 2004
  3. Quick v. City of AustinTexas Supreme Court · 1999
  4. City of Garland v. Dallas Morning NewsTexas Supreme Court · 2000
  5. Save Our Springs Alliance v. City of Austin, Texas Court of Appeals, 3rd District (Austin)2004

3Cited by11 opinions

  1. Harper Park Two, LP v. City of AustinCourt of Appeals of Texas · 2011
  2. FLCT, Ltd. v. City of FriscoCourt of Appeals of Texas · 2016
  3. City of Floresville, Texas, City of Floresville City Council, City of Floresville City Planning and Zoning Committee, and the Wilson County Appraisal District v. Starnes Investment Group, LLC, Texas Court of Appeals, 4th District (San Antonio)2016
  4. Arch Resorts, LLC v. the City of McKinney, Texas, Texas Court of Appeals, 5th District (Dallas)2015
  5. CMST Development, LLC v. City of Austin, Texas Court of Appeals, 3rd District (Austin)2022

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