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Fincher v. Board of Adjustments of the City Hunters Creek Village

Failure to comply with statutory requirements to bring suit should not be treated as jurisdictional, but as an issue the parties may raise on the merits.

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OPINION

This is a suit for judicial review of a zoning dispute. Appellants Stephen R. Fincher, Susan R. Fincher, and Baxstep Investments, Inc. (“the Finchers”) challenge the May 20, 1996 decision of appellee Board of Adjustment of the City of Hunters Creek Village. The parties proceeded to trial and presented evidence, and based on that evidence the trial court concluded the Finchers did not exhaust their administrative remedies under Local Government Code chapter 211 and the City’s zoning ordinance. Based on that conclusion, the trial court further concluded it lacked subject-matter jurisdiction and thus dismissed the suit. Although we agree the Finchers did not exhaust their administrative remedies, we conclude the trial court had subject-matter jurisdiction and should have rendered a judgment on the merits. Accordingly, we reverse and render judgment on the merits that the Finchers take nothing.

In April 1995, the City’s building inspector rejected the Finchers’ plans for a covered porch or carport *fn3 as a violation of the City’s zoning ordinance. In March 1996, the inspector discovered that the Finchers were proceeding with construction, and he ordered them to a halt.

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