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TABRIZI v. CITY OF AUSTIN

No. 08-16-00209-CV.

551 S.W.3d 290 (2018)

Ali and Dona TABRIZI, Appellants, v. CITY OF AUSTIN, Greg Guernsey, in His Official Capacity as Director of Planning and Zoning Department, J. Rodney Gonzales, in His Official Capacity as Acting Director of the Development Services Department, and Charles Lesniak, in His Official Capacity as Environmental Officer for the City of Austin, Appellees.

Court of Appeals of Texas, El Paso.

April 25, 2018.

Attorney(s) appearing for the Case

ATTORNEY FOR APPELLEES: Hon. Matthew W. Tynan , Assistant City Attorney, City of Austin-Law Department, P.O. Box 1546, Austin, TX 78767-1546.

ATTORNEY FOR APPELLANTS: B. Russell Horton , George, Brothers, Kincaid & Horton L.L.P., 114 West 7th Street, Suite 1100, Austin, TX 78701.

Before McClure, C.J., Rodriguez, and Palafox, JJ.

OPINION

Texas cities enjoy governmental immunity and cannot be sued absent some recognized waiver of that immunity.1 What recourse, then, does a property owner have when a city applies, or misapplies, its municipal land use regulations so as to deny...

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