Secure Properties v. City of Houston

Court of Appeals of Texas

Secure Properties v. City of Houston

Court of Appeals of Texas·Decided January 12, 2012·No. 14-11-00051-CV·Published

Opinion

January 12, 2012

JUDGMENT

The Fourteenth Court of Appeals SECURE PROPERTIES, INC., Appellant

NO. 14-11-00051-CV V.

CITY OF HOUSTON, Appellee ____________________

This cause, an appeal from the judgment in favor of appellee, CITY OF HOUSTON, signed December 10, 2010, was heard on the transcript of the record. We have inspected the record and find the district court erred in granting summary judgment in favor of appellee, CITY OF HOUSTON, on the issue of whether substantial evidence supports the City of Houston Building and Standards Commission’s finding that appellant, SECURE PROPERTIES, INC., failed to keep the interior of Building 1 “free from rubbish and garbage” pursuant to Houston Code of Ordinances section 10- 343(e)(3). We therefore order that the portion of the summary judgment on this issue is REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order the parties to pay their own costs incurred in this appeal. We further order this decision certified below for observance.

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January 12, 2012

JUDGMENT

The Fourteenth Court of Appeals SECURE PROPERTIES, INC., Appellant

NO. 14-11-00051-CV V.

CITY OF HOUSTON, Appellee ____________________

This cause, an appeal from the judgment in favor of appellee, CITY OF HOUSTON, signed December 10, 2010, was heard on the transcript of the record. We have inspected the record and find the district court erred in granting summary judgment in favor of appellee, CITY OF HOUSTON, on the issue of whether substantial evidence supports the City of Houston Building and Standards Commission’s finding that appellant, SECURE PROPERTIES, INC., failed to keep the interior of Building 1 “free from rubbish and garbage” pursuant to Houston Code of Ordinances section 10- 343(e)(3). We therefore order that the portion of the summary judgment on this issue is REVERSED and ordered severed and REMANDED for proceedings in accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it AFFIRMED.

We order the parties to pay their own costs incurred in this appeal. We further order this decision certified below for observance.

Secure Properties v. City of Houston, (Tex. Ct. App. 2012).

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