No Parking

Legacy Hillcrest Investments is seeking to develop a pair of lots just west of the SMU law School and north of of a single family district. After a series of proposals and counterproposals, Legacy sought a permit for to build a three-story parking garage. The community development staff approved the application, but the Board of Adjustment denied it. That led Legacy to file for a writ of mandamus, which the district court granted. The Dallas Court of Appeals reversed. The city’s zoning ordinance provided that only surface parking lots could be located “adjacent to” a single-family district. The Court held that the ordinance prohibited a parking garage because Legacy’s lots were across the street from the single-family district, making them “adjacent” to one another under the plain meaning of the term.

Bd. of Adjustment v. Legacy Hillcrest Invests., LP, No. 05-13-01128-CV

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