Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Harper Park Two LP v. City of Austin

This is a dispute between a property owner, appellant Harper Park Two, and the City of Austin, appellee, over whether the identification of a single lot as "office" use in an application for a preliminary plan for a larger mixed-use commercial development project -- a label that the parties agree would not have bound the owner to "office" use at the time -- established that the relevant "project" with respect to that individual lot was limited to construction of an office building and did not extend to construction of a hotel. The district court rendered judgment declaring that Texas Local Government Code chapter 245's vested-rights protections would apply only to development of the lot for office use and that any other type of commercial development must comply with the city's current, and more restrictive, land-use regulations. The relevant project must be viewed in the context of the applicable land-use regulations in effect at the time the initial permit application was filed. In this case, the "project" was "commercial" development that would encompass a hotel. The district court's judgment is reversed and rendered in part, and remanded in part. Austin Court of Appeals, No. 03-10-00506-CV, 08-18-2011.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Under chapter 245 of the local government code, once an application for the first permit required to complete a property-development “project” is filed with the municipality or other agency that regulates such use of the property, the agency’s regulations applicable to the “project” are effectively “frozen” in their then-current state and the agency is prohibited from enforcing subsequent regulatory changes to further restrict the property’s use. See Tex. Loc. Gov’t Code Ann. §§ 245.001-.007 (West 2005); Shumaker Enters., Inc. v. City of Austin, 325 S.W.3d 812, 814-15 & n.5 (Tex App.–Austin 2010, no pet.). However, these vested-rights protections are, in effect, lost or forfeited to the extent that the development being pursued constitutes a new or different “project” from the one for which the initial permit was sought. See City of San Antonio v. En Seguido, Ltd., 227 S.W.3d 237, 242-43 (Tex. App.–San Antonio 2007, no pet.). This appeal presents questions concerning how one identifies the relevant “project” to which vested rights attach under chapter 245. We address these questions in the context of a dispute between a property owner, appellant Harper Park Two, and the City of Austin (City), appellee, over whether the identification of a single lot as “office” use in an application for a preliminary plan for a larger mixed-use commercial development project–a label that the parties agree would not have bound the owner to “office” use at the time–established that the relevant “project” with respect to that individual lot was limited to construction of an office building and did not extend to construction of a hotel. The district court rendered judgment declaring that chapter 245′s vested-rights protections would apply only to development of the lot for office use and that any other type of commercial development must comply with the City’s current–and more restrictive–land-use regulations. We disagree, and will reverse.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Two Litigation Associate - Melville, NY and New York, NY (2 to 7 Years experience)

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›
Seattle, WA Litigation Counsel

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›
Civil Litigation Attorney - New York

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Go to Lawjobs

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Federal Legal News
Special Coverage
Surveys & Rankings
National Law Journal