TRUDY'S TEXAS STAR, INC. v. CITY OF AUSTIN

No. 03-07-00373-CV.

307 S.W.3d 894 (2010)

TRUDY'S TEXAS STAR, INC. d/b/a South Congress CafÉ, Appellant, v. CITY OF AUSTIN, Appellee.

Court of Appeals of Texas, Austin.

March 12, 2010.


Attorney(s) appearing for the Case

Eric J. Taube, Hohmann, Taube & Summers L.L.P., Austin, TX, for Appellant.

Meghan L. Riley, City of Austin Law Department, Chris Edwards, Assistant City Attorney, Austin, TX, for Appellee.

Before Chief Justice LAW, Justices PEMBERTON and WALDROP.


OPINION

BOB PEMBERTON, Justice.

This case requires us to consider circumstances in which a municipality's regulatory discretion can be limited by estoppel or contract. Trudy's Texas Star, Inc. d/b/a South Congress Café (Trudy's) appeals a final summary judgment granting the City of Austin declaratory and injunctive relief requiring Trudy's to tear down an outdoor deck and other improvements it had constructed behind an existing restaurant building...

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