6th & Neches, L.L.C. v. Aldridge

JAN P. PATTERSON, Justice.

Appellant 6th and Neches, L.L.C. filed a petition for writ of mandamus seeking to compel the City of Austin (“City”) and its secretary, Elden Aldridge, to enact a zoning change.1 The trial court denied appellant’s request. We will affirm the trial court judgment.

THE CONTROVERSY

Appellant owns property at 17th and Lavaca in Austin. The property is zoned for downtown mixed use (“DMU”); thus, the maximum height of buildings on the property is limited to one hundred and twenty feet. See Austin City Code § 13-2-630 (1999). Appellant applied for a variance from the zoning…