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City of Glenn Heights v. Sheffield Development Company

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eBook details

  • Title: City of Glenn Heights v. Sheffield Development Company
  • Author : Texas Court of Appeals
  • Release Date : January 09, 2001
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 74 KB

Description

Sheffield Development Company, Inc. ("Sheffield") sued the City of Glenn Heights ("the City") seeking a writ of mandamus, injunctive relief, and a declaratory judgment that chapter 245 of the Texas Local Government Code requires the City to accept Sheffields plat application, even though the application did not comply with the zoning in effect at the time it was submitted. The trial court granted Sheffields motion for summary judgment. In its sole issue on appeal, the City argues the trial court erred in granting Sheffields motion for summary judgment. In support of this issue, the City argues (1) chapter 245 of the Texas Local Government Code does not apply to the rezoning of the subject property; (2) the claims presented by Sheffield in this case are precluded by res judicata; and (3) Sheffields final judgment in a previous lawsuit constitutes an election of remedies. For the reasons set forth below, we reverse the trial courts judgment and remand this cause for further proceedings.


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