City of Dallas v. TCI West End, Inc. (Per Curiam)Annotate this Case
The City of Dallas sued TCI West End, Inc. for civil penalties under Tex. Loc. Gov’t Code 54.017, as authorized by section 54.012, asserting that TCI violated a city ordinance by demolishing a building located in a historic overlay district. Following a jury verdict in the City’s favor, the trial court awarded the City $750,000 in civil penalties. The court of appeals reversed, concluding (1) sections 54.012 and 54.017 apply only to health and safety ordinances, not general zoning ordinances regulating the use of land; and (2) in the alternative, there was insufficient evidence supporting the jury’s finding that TCI had actual notice of the ordinance provision before demolishing the building. The Supreme Court reversed the portion of the court of appeals’ judgment concluding that Chapter 54 did not authorize the City’s enforcement action against TCI, holding that the court of appeals’ holding was incompatible with the statute’s plain language.