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DAVIS v. ZONING BD. OF ADJUSTMENT

No. D-3831.

865 S.W.2d 941 (1993)

Albert W. DAVIS, Rita Davis, Betty Mills, and Edwin N. Mills, Petitioners, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF LA PORTE, Respondent.

Supreme Court of Texas.

November 24, 1993.

Attorney(s) appearing for the Case

Jack G. Carnegie, Jack E. Urquhart, Houston, for petitioners.

John D. Armstrong, La Porte, Victor N. Makris, Houston, for respondent.

PER CURIAM.

In this cause, we consider whether a trial court abused its discretion in dismissing a zoning board appeal. The court of appeals held that service of the writ of certiorari, as required by section 211.011 of the Texas Local Government Code, is a jurisdictional prerequisite to appeal a zoning board's decision, and therefore upheld the trial court's dismissal of the Petitioners' case. 853 S.W.2d 650. We disagree, and therefore...

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