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BOARD OF ADJUSTMENT OF SAN ANTONIO v. WENDE

No. 00-1015.

92 S.W.3d 424 (2002)

THE BOARD OF ADJUSTMENT OF THE CITY OF SAN ANTONIO, Petitioner, v. Steve WENDE, Charles Brown, and The City of Shavano Park, Respondents.

Supreme Court of Texas.

Decided May 23, 2002.

Attorney(s) appearing for the Case

Steven W. Arronge, William W. Morris, Office of Atty., Bruce Robertson, Jr., San Antonio, for petitioner.

Frank B. Burney, Paul A. Fleck, Gerald T. Drought, Martin Drought & Torres, San Antonio, for respondent.

Justice RODRIGUEZ delivered the opinion of the Court.

The issue is whether San Antonio's Board of Adjustment ("the Board") erred in finding that land leased but not used for quarry purposes before being annexed and subsequently zoned for residential use has a "preexisting nonconforming use" as a quarry such that the residential zoning does not apply. The City of San Antonio's Director of the Department of Building Inspections approved the lessee's filing of a registration...

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