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CITY OF AUSTIN v. ACUÑA

NO. 14-20-00356-CV.

651 S.W.3d 474 (2022)

The CITY OF AUSTIN, Texas; the City Council of Austin; Austin Mayor Steve Adler, in His Official Capacity; the Honorable Austin City Council Members Natasha Harper-Madison, Delia Garza, Sabino Renteria, Gregorio Casar, Ann Kitchen, Jimmy Flannigan, Leslie Pool, Paige Ellis, Kathie Tovo, and Alison Alter, in Their Official Capacities; and the Honorable Austin City Manager Spencer Cronk, in His Official Capacity, Appellants v. Francisca ACUÑA, Susana Almanza; Jeffery L. Bowen; William Burkhardt; Alecia M. Cooper; Roger Falk; Seth O. Fowler; Randy Howard; Mary Ingle; Patricia King; Fred I. Lewis; Barbara McArthur; Allan E. McMurtry; Laurence Miller; Gilbert Rivera; Jane Rivera; John Umphress; James Valadez; and Ed Wendler, Jr., Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Opinion filed March 17, 2022.

Attorney(s) appearing for the Case

Mary Byars , Anne L. Morgan , Jane Webre , Austin, for Appellant The City of Austin, Texas.

Mary Byars , Jane Webre , Austin, for Appellants The Honorable Austin City Manager Spencer Cronk, in his Official Capacity, Austin Mayor Steve Adler, in his Official Capacity, The City Council of Austin, The Honorable Austin City Council Members Natasha Harper-Madison, Delia Garza, Sabino Renteria, Gregorio Casar, Ann Kitchen, Jimmy Flannigan, Leslie Pool, Paige Ellis, Kathie Tovo, and Alison Alter, in their Official Capacities.

Douglas M. Becker , Austin, Richard E. Gray , for Appellees.

Panel consists of Chief Justice Christopher and Justices Zimmerer and Wilson.

OPINION

In this appeal from a judgment rendered after a non-jury trial, we are called upon to construe the zoning enabling statute. The City of Austin is undertaking a comprehensive revision of its zoning ordinances, and the parties dispute whether the City is required to comply with the statute's written...

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