Ballantyne v. Champion Builders, Inc.

144 S.W.3d 417, 47 Tex. Sup. Ct. J. 852, 2004 Tex. LEXIS 655, 2004 WL 1533950
CourtTexas Supreme Court
DecidedJuly 9, 2004
Docket02-0260
StatusPublished
Cited by210 cases

This text of 144 S.W.3d 417 (Ballantyne v. Champion Builders, Inc.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ballantyne v. Champion Builders, Inc., 144 S.W.3d 417, 47 Tex. Sup. Ct. J. 852, 2004 Tex. LEXIS 655, 2004 WL 1533950 (Tex. 2004).

Opinions

Justice WAINWRIGHT

delivered the opinion of the Court,

in which Justice HECHT, Justice OWEN, Justice O’NEILL, Justice JEFFERSON, Justice SCHNEIDER, Justice SMITH, and Justice BRISTER joined.

In this case, we decide whether the individual members of a city’s board of adjustment are afforded official immunity for state law claims arising from their actions as members of the board.

Champion Builders, Inc. sued the individual members of the City of Terrell Hills [419]*419Board of Adjustment (BOA) for negligence, gross negligence, and intentional interference with contract arising from the BOA’s revocation of Champion’s permit to construct an apartment building. The jury returned a verdict in favor of Champion and rejected the members’ assertion of official immunity. The trial court granted the BOA members’ motion for judgment non obstante veredicto on official immunity. A divided court of appeals, sitting en banc, relying on subjective evidence of the asserted motivation of the members, reversed the judgment and held that more than a scintilla of evidence supported the jury’s failure to find that the good faith prong of the affirmative defense of official immunity had been proven. Champion Builders v. City of Terrell Hills, 70 S.W.3d 221, 231 (Tex.App.-San Antonio (2001))3. We disagree. The BOA members established official immunity at trial as a matter of law. We further reaffirm that consideration of subjective evidence of the good faith element of official immunity is inappropriate. Therefore, we reverse the court of appeals’ judgment in part and render judgment that Champion take nothing.

I. Background

Champion Builders, along with Roldan Trevino and Armando Tamez Jr., initially planned to construct an eight-unit apartment building on Eventide Drive in the City of Terrell Hills in Bexar County, Texas. Champion, Trevino, and Tamez formed Primero Projects, L.L.C. to develop the property. Pursuant to settlement, Champion and Primero have the only interests at stake in this lawsuit.1 References to Champion in this opinion also include Primero’s interests.

When Champion applied for a building permit in January 1994, the City denied it, citing excessive population density on the lot. Champion scaled down the project and planned a six-unit complex.

In May 1994 the city manager issued a building permit to Champion for the construction of the six-unit complex. A group of Terrell Hills residents appealed the issuance of the permit to the BOA. The residents asserted that City Ordinance 634, which required every lot to have 80 feet of frontage along the adjacent road, precluded construction of the apartment complex on the portion of the Eventide lot that Champion purchased. Terrell Hills, Tex., Ordinance 634, § VII(B) (July 22, 1982). The Eventide lot was divided into two different zones for development. Although the total lot had over 120 feet of frontage, the apartment complex could be built only on the 66.83 feet of frontage that was zoned semi-commercial. The Terrell Hills residents lured an attorney and contested the issuance of the permit. The residents argued that only the 66.83 feet of frontage zoned semi-commercial on the Eventide lot could be counted toward the 80-foot frontage requirement of Ordinance 634. They concluded that the budding permit should be revoked because the planned development did not comply with Ordinance 634.

The city manager requested an opinion on this issue from Charles Biery, an attorney in private practice hired to serve as Terrell Hills city attorney. In his June 6, 1994 letter, Biery opined that the proposed apartment complex met the requirements of the Ordinance because the lot had a total frontage along the road of 123.33 feet. [420]*420In Biery’s opinion, the total dimensions of the entire lot determined the frontage measurement for purposes of Ordinance 634, rather than the footage for the commercially-zoned section of the lot. Thus, Biery concluded that the city manager properly issued the permit. The residents believed that, as applied to Champion’s application for a permit, the lot was required to have 80 feet of commercially zoned frontage on Eventide as a condition of Champion’s planned commercial use.

On June 7, 1994 the BOA convened a public hearing to consider the appeal of the building permit issuance. At the meeting, the BOA heard from the public, including Terrell Hills residents and James Spears, the owner of Champion. Biery also attended the meeting, and the BOA members had been provided with a copy of his June 6 letter to the city manager. After listening to the public comments, the BOA members discussed the permit in an executive session with Biery. According to the transcript of the executive session, Biery reiterated his opinion, set forth in his June 6 letter, that the lot satisfied the frontage requirement and the City properly issued the permit. The transcript also shows that the BOA members considered the comments of the residents, who opined through their attorney that the frontage of Champion’s lot did not meet the requirements of Ordinance 634. Biery explained to the BOA members that they were presented with different opinions from two attorneys, and that the BOA members could “do whatever [they] want[ed] to.” He indicated that they would likely be sued by one of the parties regardless of which decision they made. The transcript also includes a discussion of subjective and derogatory views of some members of the BOA concerning the type of residents who might be attracted to an apartment development. Some of the BOA members indicated that persons who would move into the apartments may be loud, disruptive in the community, and more likely to be involved in illegal activities. When they resumed the public meeting, the BOA members voted to revoke the permit.

Champion appealed the BOA’s decision to revoke the permit to district court. In August 1994, the trial court rendered summary judgment in favor of Champion and ordered reinstatement of the permit. The court of appeals affirmed the judgment, and this Court denied review. Dubose v. Champion Builders, Inc., No. 04-94-00825-CV, 1995 WL 694975 (Tex.App.-San Antonio Nov.22, 1995, writ denied) (not designated for publication).

After its successful appeal, Champion, however, did not seek to have the permit renewed. Spears testified at trial that the litigation and appeal of the issuance of the building permit hindered financing efforts for the apartment complex and was a concern to Champion’s partners in the planned development of the Eventide property. Champion ultimately decided to abandon the project.

In June 1996, Champion sued the City, the BOA, and the individual BOA members for revocation of the building permit and the City for changes in the 1995 ordinances that increased the minimum square footage requirement for single family apartments beyond the square footage of Champion’s project. Champion alleged that the individual BOA members were negligent and grossly negligent for holding an illegal meeting, revoking a permit to which Champion was entitled, and failing to follow the advice of the city attorney. Champion further asserted that by revoking the budding permit the individual BOA members were liable for tortious interference with Champion’s contracts with Primero and third parties to build the [421]*421apartment. Champion also asserted takings claims against the City and the BOA.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Denea Hudman v. Randy C. Dunn
Court of Appeals of Texas, 2025
Bryan Collier v. Bryan Suhre
Court of Appeals of Texas, 2020
Christopher D Eustice v. Timothy C Powers
Court of Appeals of Texas, 2020
Fred Hoffman v. Sgt. Javier Muro
Court of Appeals of Texas, 2019
Iram Alejandro Hernandez v. Kevin Blackburn
Court of Appeals of Texas, 2019
Enedelia A. Sepeda v. Lorie Davis
Court of Appeals of Texas, 2019
Salvador Zavala v. Ashley Bustos
Court of Appeals of Texas, 2018

Cite This Page — Counsel Stack

Bluebook (online)
144 S.W.3d 417, 47 Tex. Sup. Ct. J. 852, 2004 Tex. LEXIS 655, 2004 WL 1533950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballantyne-v-champion-builders-inc-tex-2004.