City of Dallas v. Stewart (Majority)Annotate this Case
Respondent appealed the URSB's determination that her property was an urban nuisance and that the property should be demolished. The trial court affirmed the USRB's finding that respondent's home was an urban nuisance and awarded the city attorneys fees. The trial court then severed respondent's constitutional claims and tried them to a jury. At the close of trial, the City moved unsuccessfully for a directed verdict on the grounds that the Board's nuisance determination was res judicata, precluding respondent's takings claim. The jury rejected the City's contention that respondent's home was a public nuisance and awarded her for the destruction of her house. The trial court denied the City's post-verdict motions and signed a judgment in conformance with the verdict. The court of appeals affirmed but held that the USRB's nuisance finding could not be preclusive because of the brief delay between the nuisance finding and the house's demolition. The City subsequently petitioned the court for review, arguing that the lower courts erred in failing to give the URSB's nuisance determination preclusive effect in respondent's taking claim. The court held that the determination was not preclusive because substantial evidence review of nuisance determination resulting in a home's demolition did not sufficiently protect a person's rights under Article I, Section 17 of the Texas Constitution.