A municipality approved a subdivision plat and subsequently enforced a moratorium against the property, citing the municipality's additional sewage system capacity requirements. The court of appeals held that the moratorium could not apply to the property in question because it had been approved for development before the moratorium took effect. The moratorium cannot apply to the property because the municipality approved the property for subdivision before it enacted the moratorium, and the owner is therefore entitled to prevail on its declaratory judgment claim. The court of appeals' judgment is affirmed and remanded to the trial court. Texas Supreme Court, No. 11-0554, 08-20-2013.
City of Lorena v. BMTP Holdings, L.P.
Tx. Sup. Ct.
August 30, 2013