Legal Opinion

Harper Park Two, LP v. City of Austin

Court of Appeals of Texas

Decided August 18, 2011No. 03-10-00506-CVPublishedCited by 17 opinions

1Opinion of the Court

OPINION

BOB PEMBERTON, Justice.

Under chapter 245 of the local government code, once an application for the first permit required to complete a property-*249development “project” is filed with the municipality or other agency that regulates such use of the property, the agency’s regulations applicable to the “project” are effectively “frozen” in their then-current state and the agency is prohibited from enforcing subsequent regulatory changes to further restrict the property’s use. See Tex. Loc. Gov’t Code Ann. §§ 245.001-.007 ■ (West 2005); Shumaker Enters., Inc. v. City of Austin, 325 S.W.3d 812,…

2Cases cited19 opinions

  1. City of Rockwall v. HughesTexas Supreme Court · 2008
  2. State v. ShumakeTexas Supreme Court · 2006
  3. Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
  4. Quick v. City of AustinTexas Supreme Court · 1999
  5. Acker v. Texas Water CommissionTexas Supreme Court · 1990

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3Cited by17 opinions

  1. the City of San Antonio, Texas v. the Rogers Shavano Ranch, Ltd., Rogers 1604 Commercial, Ltd., Bitterblue, Inc., and Denton Development Corporation, Texas Court of Appeals, 4th District (San Antonio)2012
  2. Anderton v. City of Cedar HillCourt of Appeals of Texas · 2014
  3. FLCT, Ltd. v. City of FriscoCourt of Appeals of Texas · 2016
  4. City of San Antonio v. Greater San Antonio Builders Association and Indian Springs LTD., Texas Court of Appeals, 4th District (San Antonio)2013
  5. the Village of Tiki Island The Village of Tiki Island Board of Aldermen Vernon "Goldie" Teltschick, Individually and in His Official Capacity as Mayor ("Mayor Teltschick") And Tom Fisher, Ron Simons, Karen Hearring, Wayne Crozier, and Freddie Carmicha v. Premier Tierra Holdings Inc., Texas Court of Appeals, 14th District (Houston)2018

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