Officials Acting in Their Official Capacities for the City of Austin Development Services Department:Denise Lucas, in Her Official Capacity as Director v. Austin Nightlife, LLC D/B/A Summit Lounge
This text of Officials Acting in Their Official Capacities for the City of Austin Development Services Department:Denise Lucas, in Her Official Capacity as Director v. Austin Nightlife, LLC D/B/A Summit Lounge (Officials Acting in Their Official Capacities for the City of Austin Development Services Department:Denise Lucas, in Her Official Capacity as Director v. Austin Nightlife, LLC D/B/A Summit Lounge) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED APRIL 20, 2023
NO. 03-22-00637-CV
Officials Acting in Their Official Capacities for the City of Austin Development Services Department: Denise Lucas, in her Official Capacity as Director; Rick Holloway, in his Official Capacity as Assistant Director; David Chapman, in his Official Capacity as Development Services Division Manager; Mario Garcia, in his Official Capacity as Environmental Compliance Supervisor; Brian Eagan, in his Official Capacity as Environmental Compliance Specialist Senior; Robert Jason Crouch, in his Official Capacity as Environmental Compliance Specialist Senior, Appellants
v.
Austin Nightlife, LLC d/b/a Summit Lounge, Appellee
APPEAL FROM THE 53RD DISTRICT COURT OF TRAVIS COUNTY BEFORE JUSTICES BAKER, SMITH, AND JONES AFFIRMED IN PART; REVERSED AND RENDERED IN PART – OPINION BY JUSTICE JONES
This is an appeal from the interlocutory order denying the City Officials’ plea to the jurisdiction
signed by the trial court on September 21, 2022. Having reviewed the record and the parties’
arguments, the Court holds that there was no reversible error in the portion of the order as to
Austin Nightlife’s claim that the City Officials acted ultra vires in requiring Summit Lounge to
obtain a temporary modification of its permit and sound impact plan in order to be authorized to
use extended 85-decibel hours during the spring festival season. Therefore, the Court affirms
that portion of the trial court’s interlocutory order. The Court further holds that there was reversible error in the portions of the order as to Austin Nightlife’s claim concerning its status as
a Warehouse District venue, and its claim concerning whether citations were issued or caused
to be issued by an “accountable official.” Therefore, the Court reverses the trial court’s
interlocutory order as to those claims and renders judgment dismissing those claims for lack of
jurisdiction. Each party shall pay the costs of appeal incurred by that party, both in this Court
and in the court below.
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