City of Corpus Christi v. Unitarian Church of Corpus Christi

436 S.W.2d 923 (1968)

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City of Corpus Christi v. Unitarian Church of Corpus Christi

Texas Court of Civil Appeals
436 S.W.2d 923 (1968)

  • Written by Tanya Munson, JD

Facts

The Unitarian Church of Corpus Christi (the church) (defendant) applied to the city of Corpus Christi (the city) (plaintiff) for a building permit to improve property owned by the church for church purposes. The city told the church that the church property would have to be platted before a permit was issued. The charter of the city provided that the city will not grant any building permit for a property that is not platted until a plat is approved and filed. The church prepared a plat of the property and submitted it to the City Planning Commission (the commission) for approval. The commission conditionally approved the church’s plat, contingent on the church dedicating a strip of land so that an existing street could be extended. The church’s lot was adjacent to the half-street easement, Kay Street. The city’s platting ordinance provided that whenever a half street has already been provided for adjacent to a tract that is to be subdivided, the other remaining half of the street will be platted in the subdivision. The church appealed the commission’s decision to the city council and requested the approval of the building permit without the required Kay Street dedication. The city council denied the church’s request. The church brought suit in district court and sought a declaratory judgment that the city had no authority to require the church to file a map or plat of its property as a condition for granting a building permit. The district court found in favor of the church and ordered the city to approve the plat as submitted by the church.

Rule of Law

Issue

Holding and Reasoning (Nye, J.)

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