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Shumaker Enterprises Inc. v. City of Austin, Texas

Texas Local Government Code �245.002 does not lock in a regulatory agency's permitting requirements as to a project until the original filing concerning the project is made with that regulatory agency. At the time Shumaker Enterprises Inc. filed its original application with the city concerning its mining project, the Middle Tract was already within the city's extraterritorial jurisdiction. Therefore, �245 does not prohibit the city from imposing on Shumaker's Middle Tract the requirements then applicable to property located within the city's extraterritorial jurisdiction. The judgment of the district court, which rendered summary judgment in favor of the city, is affirmed. Austin Court of Appeals, No. 03-09-00613-CV, 11-2-2010

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OPINION

Shumaker Enterprises, Inc. (“Shumaker”) filed a permit application with Travis County seeking to develop its real property located in the county. Subsequently, but before the County had acted on the application, the property became part of the extraterritorial jurisdiction (“ETJ”) of the City of Austin. The City then required Shumaker to obtain a City permit to develop the property. Shumaker filed suit in district court against the City, asserting that chapter 245 of the Texas Local Government Code*fn1 required the City to consider only those requirements that were applicable at the time Shumaker had filed its permit application with the County. The district court rendered summary judgment in favor of the City. We conclude that local government code section 245.002 does not lock in a regulatory agency’s permitting requirements as to a project until the original filing concerning the project is made with that regulatory agency. Accordingly, we hold that Shumaker’s filing with the County did not impact the City’s imposition of requirements for the issuance of a City permit. We affirm the judgment of the district court.

FACTUAL AND PROCEDURAL BACKGROUND

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