Town of Flower Mound v. Stafford Estates Ltd. Partnership

OPINION

SUE WALKER, Justice.

I. Introduction.

In this development exaction case, the primary issue we must decide is whether the two-prong test articulated in Dolan v. City of Tigard, 512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304 (1994) applies to a municipality’s requirement that a developer construct and pay for offsite public improvements as a condition to plat approval for subdivision development. We conclude that the Dolan test applies to the public improvements development exaction in this case and that the exaction does not satisfy the Dolan test.

We must also decide what is the proper…