FM Properties Operating Co. v. City of Austin

filed a dissenting opinion,

in which Justice HECHT and Justice OWEN joined.

Justice OWEN, joined by Justice HECHT and Justice ABBOTT, dissenting.

I strongly dissent from what the Court has wrought today. The importance of this case to private property rights and to the separation of powers between the judicial and legislative branches of government cannot be overstated. The Legislature is forbidden by the Texas Constitution, the Court says, from allowing property owners to make decisions about how they use and develop their own land. While the Constitution certainly permits the Legislature to…