Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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

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
BenefitsPRO Broker Expo 2024
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More
Pennsylvania Legal Awards 2024
May 15, 2024
Philadelphia, PA

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.


Learn More
Consulting Leaders in Technology 2024
May 16, 2024
Dallas, TX

Consulting Magazine recognizes leaders in technology across three categories Leadership, Client Service and Innovation.


Learn More
Go to Events Go to Webcasts
Attorney

Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
CORPORATE ASSOCIATE

McCarter & English, LLP is actively seeking a corporate associate for its office located in Wilmington, DE or Philadelphia, PA. Candidat...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements