Mike Jabary obtained a commercial certificate of occupancy for a restaurant in Allen, Texas. As it turns out, Mr. Jabary opened a hookah bar instead of a restaurant. Consequently, the City of Allen revoked his certificate of occupancy.
Mr. Jabary sued the City, alleging both private and public takings. The City filed a motion for summary judgment on the ground that, because Mr. Jabary had not exhausted his administrative remedies by filing an appeal with the City, his claim was not ripe. The trial court granted the City’s MSJ, and Mr. Jabary appealed. On appeal, the Court of Appeals affirmed the trial court’s decision, rejecting Mr. Jabary’s argument that appealing to the city would be futile.