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City of Dallas v. TCI West End, Inc.

463 S.W.3d 53 (2015)

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City of Dallas v. TCI West End, Inc.

Supreme Court of Texas

463 S.W.3d 53 (2015)

Facts

TCI West End, Inc. (defendant) demolished a building in a historic district in the City of Dallas (plaintiff) without seeking the city’s approval, in violation of a city zoning ordinance. Another city ordinance listed in subsections the ordinances that the city could enforce by civil action, including a subsection authorizing civil actions for violations of zoning ordinances that classified a district for a specific use. Other subsections in this ordinance explicitly limited certain city enforcement actions to matters of health and safety. The city brought a civil suit against TCI, seeking damages for the violation of the demolition ordinance. The jury returned a verdict in favor of the city, and the trial court awarded the city $750,000 in damages. The court of appeals reversed, finding that the city could enforce by civil action only health and safety zoning ordinances. The city appealed.

Rule of Law

Issue

Holding and Reasoning (Per Curiam.)

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