City of Lufkin v. McVicker

ON MOTION FOR REHEARING

I respectfully dissent. City’s brief declares :

“The Board of Adjustment and Appeals has operated in the past under the mistaken assumption that a simple majority was all that was required to grant a variance.”

So, the practical effect of the majority opinion is to hold void all such previously granted variances. Just how many there are, we do not know; but just a little imagination can lead one to foresee what chaos in the City of Lufkin could result from this holding.

The majority opinion states:

“But, in order to procure relief, to secure the variance from the zoning…