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CITY OF DALLAS v. VANESKO

No. 04-0263.

189 S.W.3d 769 (2006)

CITY OF DALLAS, Texas, Board of Adjustment of the city of Dallas, Texas, and Raj Sharma, in his capacity as the Building Official of the City of Dallas, Petitioners, v. Doug VANESKO and Grace Vanesko, Respondents.

Supreme Court of Texas.

Decided April 7, 2006.

Attorney(s) appearing for the Case

Christopher D. Bowers, Asst. City Atty., Dallas, Paul A. Fletcher, San Antonio, for petitioners.

Roger Albright, Law Offices of Roger Albright, Dallas, for respondents.

Maxine Aaronson, Angela Annette Hunt, McKool Smith, Julia F. Pendery, Jonathan G. Vinson, Jackson Walker L.L.P., Dallas, Snapper L. Carr, Texas Municipal League, Austin, for amicus curiae

Justice GREEN delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, Justice BRISTER, Justice MEDINA, Justice JOHNSON and Justice WILLETT joined.

In this zoning case, we determine whether a city can enforce a zoning ordinance against a property owner whose substantially completed new home has been built in violation of the ordinance, even though the city had given preliminary approval to the owner's building plans...

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