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BOARD OF ADJUSTMENT v. SOLAR

No. 14-04-00419-CV.

171 S.W.3d 251 (2005)

BOARD OF ADJUSTMENT OF THE CITY OF PINEY POINT VILLAGE, Appellant, v. J. Michael SOLAR, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled September 15, 2005.

Attorney(s) appearing for the Case

Loren Burnham Smith, Houston, TX, for appellants.

John Manuel Padilla, Houston, TX, for appellees.

Panel consists of Justices YATES, ANDERSON, and HUDSON.

OPINION

LESLIE BROCK YATES, Justice.

Appellee, J. Michael Solar, sought a zoning variance from appellant, the Board of Adjustment of the City of Piney Point Village ("the Board"), to build a private swimming pool in his yard. The Board denied Solar's variance request, and he appealed that decision to the district court. Both sides moved for summary judgment, and the district court granted Solar's motion. The court found that the Board abused its discretion...

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