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SHUMAKER ENTERPRISES v. CITY OF AUSTIN

No. 03-09-00613-CV.

325 S.W.3d 812 (2010)

SHUMAKER ENTERPRISES, INC., Appellant, v. The CITY OF AUSTIN, Texas, Appellee.

Court of Appeals of Texas, Austin.

November 2, 2010.

Attorney(s) appearing for the Case

Scott W. Stover , Seale, Stover & Bisbey, Jasper, TX, for Appellant.

Patricia L. Link , Assistant City Attorney, City of Austin Law Department, Austin, TX, for Appellee.

Before Chief Justice JONES, Justices PATTERSON and HENSON.

OPINION

J. WOODFIN JONES, Chief Justice.

Shumaker Enterprises, Inc. ("Shumaker") filed a permit application with Travis County seeking to develop its real property located in the county. Subsequently, but before the County had acted on the application, the property became part of the extraterritorial jurisdiction ("ETJ") of the City of Austin. The City then required Shumaker to obtain a City permit to develop the property. Shumaker filed suit in district...

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