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TOWN OF FLOWER MOUND v. STAFFORD ESTATES

No. 2-00-205-CV.

71 S.W.3d 18 (2002)

TOWN OF FLOWER MOUND, Texas, Appellant and Appellee, v. STAFFORD ESTATES LIMITED PARTNERSHIP, Appellee and Appellant.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled March 14, 2002.

Attorney(s) appearing for the Case

Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., Robert F. Brown, Terrence S. Welch, Dallas, for appellant, Flower Mound.

Moseley & Standerfer, P.C., Gregory P. Standerfer, Bruce W. Bringardner, Dallas, for appellee, Stafford Estates.

Panel A: CAYCE, C.J.; DAY and WALKER, JJ.

OPINION

SUE WALKER, Justice.

I. Introduction.

In this development exaction case, the primary issue we must decide is whether the two-prong test articulated in Dolan v. City of Tigard, 512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304 (1994) applies to a municipality's requirement that a developer construct and pay for offsite public improvements as a condition to plat approval for subdivision development...

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