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HARPER PARK TWO, LP v. CITY OF AUSTIN

No. 03-10-00506-CV.

359 S.W.3d 247 (2011)

HARPER PARK TWO, LP, Appellant, v. CITY OF AUSTIN, Texas; Greg Guernsey, Solely in his Capacity as Director of the Watershed Development Protection and Development and Review Department of the City of Austin, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 28, 2011.

Attorney(s) appearing for the Case

Mary A. Keeney , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, Terrence L. Irion , Law Offices of Terrence L. Irion, Austin, TX, Stephen I. Adler , Barr & Adler, P.C., Austin, TX, for Appellant.

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

Before Justices PURYEAR, PEMBERTON and ROSE.

OPINION

BOB PEMBERTON, Justice.

Under chapter 245 of the local government code, once an application for the first permit required to complete a property-development "project" is filed with the municipality or other agency that regulates such use of the property, the agency's regulations applicable to the "project" are effectively "frozen" in their then-current state and the agency is prohibited from enforcing...

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