law-zoning-disputes

law-zoning-disputes | NIMBY law suits |

ZONING AND RELATED DISPUTES & LITIGATION

Merry Homes, Inc. v. Luu (Tex.App.- Houston [1st Dist.] Feb. 18, 2010)(illegality as bar to enforcement of
commercial lease, liquor regulation, zoning)
In this commercial lease dispute, we determine whether a landlord may enforce a lease to operate a “nightclub or bar” and for
“no other” purpose when the tenant cannot legally obtain a liquor license for the leased premises and the lease requires that
any activity on the premises comply with applicable law.We hold that the trial court correctly determined that the lease was void
because Luu could not perform his obligation under the lease to avoid violating a City of Houston ordinance. We further hold that
the trial court’s award of $23,500 in attorney’s fees to Luu was not inequitable or unjust. We therefore affirm the judgment of the
trial court.
AFFIRM TRIAL COURT JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Bland and Massengale
01-09-00187-CV   Merry Homes, Inc. v. Chi Hung Luu
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Michael Engelhart

Christopher Columbus Street Market LLC v. The Zoning Board of Adjustment of The City of Galveston, Texas
(Tex.App.- Houston [14th Dist.] Nov. 13, 2009)(Frost) (zoning board appeal, severance)
Property owners appeal the district court’s order affirming the decision of a municipal zoning board to uphold a
decision by a city administrative agency to deny the property owners’ application for a city permit to demolish
property in a historical area of the city. The property owners also challenge the district court’s severance of
their constitutional claims against the city and zoning board from the appeal of the zoning board’s decision.
We affirm.
AFFIRMED: Opinion by Justice Kem T. Frost
Before Justices Brock Yates, Frost and Brown
14-07-00980-CV Christopher Columbus Street Market LLC; Alfio Fischera; and Ed Eubanks
v. The Zoning Board of Adjustment of The City of Galveston, Texas
Appeal from 56th District Court of Galveston County
Trial Court Judge: Lonnie Cox

Meehl v. Wise (Tex.App.- Houston [14th Dist.] Apr. 7, 2009)(Hedges)(home owner law, real estate law,
restrictive covenants, discriminatory zoning, NIMBY-litigation, group community homes for mentally impaired)
REVERSED AND REMANDED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Guzman and Brown
14-07-00592-CV Debra J. Meehl and Mark Meehl, Individually and as Officers and Agents of the Maureen J.
Meehl Bipolar/BPD Foundation, Inc., and the Maureen J. Meehl Bipolar/BPD Foundation, Inc. v. Alfred M. Wise,
Jr., Ketherine D. Wise, John P. Hundl, Donna G. Hundl, Wilmer Conner, Margie Ann Alexander, John T. Horn,
Martha G. Horn, John T. Horn, Jr., Christopher Blake Broadway, Paula Lee Broadway, James Zimmer, Mildred
Zimmer, Et Al
Appeal from 239th District Court of Brazoria County
Concurring Opinion by Justice Guzman

Howeth Investments, Inc. v. The City of Hedwig Village (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Taft) (real
estate law, land regulation, plat application, constitutional challenge)
AFFIRM TC JUDGMENT: Opinion by Justice Taft
Before Justices Taft, Alcala and Hanks
01-05-00904-CV Howeth Investments, Inc., and Jack Howeth, as Trustee for the 881 Development Trust and
the 901 Development Trust-assignees for Howeth Investments, Inc. v. The City of Hedwig Village, The City of
Hedwig Village Planning and Zoning Commission, and S. Frank White, Robert A. Wiener, Norman E. Ward and
Kathering Vazquez
Appeal from 189th District Court of Harris County
Trial Court Judge: Hon. William R. Burke, Jr.

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TEXAS SUPREME COURT DECISIONS IN
ZONING DISPUTES

Barr v. City of Sinton, No. 06-0074 (Tex. Jun. 19,
2009)(Hecht) (Texas Religious Freedom Restoration Act
(TRFRA) enforced in NIMBY dispute over halfway house for
former prisoners run by pastor, religious ministry, church
and state disputes)
PASTOR RICK BARR AND PHILEMON HOMES, INC. v.
CITY OF SINTON; from San Patricio County; 13th district
(13-03-00727-CV, ___ SW3d ___, 11-23-05)
motion to take judicial notice granted
The Court reverses the court of appeals' judgment and
remands the case to the trial court.
Justice Hecht delivered the opinion of the Court.