Legal Opinion

City of Lorena, Texas v. Bmtp Holdings, L.P.

Texas Supreme Court

Decided August 30, 2013No. 11-0554PublishedCited by 70 opinions

1Opinion of the CourtJustice Guzman

in which Justice GREEN, Justice JOHNSON, Justice WILLETT, Justice LEHRMANN, Justice BOYD, and Justice DEVINE joined.

Municipalities must ensure that essential public facilities are available to their residents. To assist in accomplishing this goal, the Legislature has allowed municipalities under Chapter 212 of the Local Government Code to enact temporary moratoria on “property development” if they can demonstrate the moratoria are needed to prevent a shortage of essential public facilities. That right, however, is subject to certain limitations. One limitation is that a municipality may not…

2Cases cited21 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. Bocquet v. HerringTexas Supreme Court · 1998
  5. City of Rockwall v. HughesTexas Supreme Court · 2008

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3Cited by70 opinions

  1. Greater Houston Partnership v. Ken Paxton, Texas Attorney General And Jim JenkinsTexas Supreme Court · 2015
  2. Mike Morath, Commissioner of Education, in His Official Capacity Glenn Hegar, Texas Comptroller of Public Accounts, in His Official Capacity The Texas State Board of Education And the Texas Education Agency v. the Texas Taxpayer and Student Fairness Coalition Calhoun County Isd Edgewood Isd Fort Bend Isd Texas Charter School Association And Joyce ColemanTexas Supreme Court · 2016
  3. City of Dallas v. Tci West End, Inc.Texas Supreme Court · 2015
  4. Laura Beeman and Janet Lock v. Brad Livingston, in His Official Capacity as Executive Director of the Texas Department of Criminal JusticeTexas Supreme Court · 2015
  5. SCHUHARDT CONSULTING PROFIT SHARING PLAN, Appellant/Cross-Appellee v. DOUBLE KNOBS MOUNTAIN RANCH, INC., Appellee/Cross-Appellant, Texas Court of Appeals, 4th District (San Antonio)2014

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