More Malooly

A new discussion of St. John Missionary Baptist Church v. Flakes, 547 S.W.3d 311, 313–18 (Tex. App.—Dallas 2018, pet. pending) (en banc), appeared in EMF Swiss Avenue LLC v. Peak’s Addition HOA: “[T]he HOA contends that EMF’s appellate issue doesn’t match the HOA’s summary judgment ground because EMF focuses on whether the Board abused its discretion, but the HOA’s summary judgment ground focused on whether the City and Board interpreted the City’s ordinances correctly. We . . . disagree with the HOA. In this case, abuse of discretion and ordinance interpretation are two sides of the same coin. The HOA’s summary judgment ground asserted that the Board abused its discretion because it misinterpreted the ordinances and thus affirmed the permit. . . . On appeal, EMF’s issue asserts that the trial court erred because the City and the Board didn’t abuse their discretion in issuing and affirming the permit, and its appellate argument presents its own ordinance interpretation.” No. 05-17-01112-CV (Dec. 28, 2018) (mem. op.)