Texas West End, Inc v. City of Dallas, Texas Historical Commission

407 S.W.3d 292, 2013 WL 1561117
CourtCourt of Appeals of Texas
DecidedApril 15, 2013
Docket05-11-00582-CV
StatusPublished
Cited by4 cases

This text of 407 S.W.3d 292 (Texas West End, Inc v. City of Dallas, Texas Historical Commission) 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.

Bluebook
Texas West End, Inc v. City of Dallas, Texas Historical Commission, 407 S.W.3d 292, 2013 WL 1561117 (Tex. Ct. App. 2013).

Opinions

OPINION

Opinion by

Justice RICHTER.

TCI West End, Inc. (TWE) appeals from the trial court’s judgment awarding damages to the Texas Historical Commission (the THC) and civil penalties to the City of Dallas based on the jury’s finding that TWE demolished a historic structure without the proper approval. TWE asserts five issues generally contending the trial court erred in failing to grant it’s request for judgment notwithstanding the verdict because neither the THC nor the City was entitled to damages or penalties under the Texas Local Government Code. After reviewing the record and the arguments on appeal, we conclude the trial court erred in rendering judgment in favor of the THC and the City. Accordingly, we reverse the portion of the trial court’s judgment awarding damages to the THC and civil penalties to the City and render judgment that the THC and the City take nothing by those claims.

Background

The building at the center of this case is the remaining portion-of the former Missouri, Kansas & Texas Railway freight station located in the West End Historic District in the City of Dallas. The City twice caused the demolition of parts of the station by condemning sections of the property for the extension of city streets. The remaining portion of the station contained about twenty thousand square feet of space with a two-story office building added to one end.

In March 2006, TWE applied for and was granted a permit to demolish what remained of the station. Sometime after the permit was issued, but before demolition began, the City determined that the permit had been issued improperly and revoked it. The City did not send written notice of the revocation to TWE as required by the Dallas City Code, but witnesses for the City testified they contacted TWE’s contractor, who informed a TWE representative that the permit had been revoked. The City also presented testimo[295]*295ny that a “red tag” was placed on the property on April 21, 2006 to notify TWE’s contractor to cease work. TWE disputes receiving any notification and proceeded with demolition on April 29. Demolition stopped just short of completion on May 1 and this suit was filed by the City on May 16.

In its petition, the City asserted that TWE improperly demolished a historic building in violation of city ordinances and sought to recover civil penalties and in-junctive relief under chapter 211 and chapter 54 of the Texas Local Government Code. The City alleged that TWE violated a variety of city ordinances including ordinance 21391, as amended by ordinance 22158, which prohibits demolition of a structure within a historic overlay district without obtaining the proper approval. The City also alleged claims for fraud.

The THC filed a petition in intervention in the case asserting a claim against TWE under section 815.006 of the Texas Local Government Code. Section 315.006 allows the THC to bring an action to recover damages if a person demolishes a historic structure without appropriate written permission from the municipality. The THC may file suit under section 315.006 only if the municipality has failed to bring an action under the section within ninety days after the demolition occurred. Because the City did not assert a claim against TWE under section 315.006, the THC intervened to assert the claim.

The case was tried to a jury. The jury found in favor of both the City and the THC on their claims under the local government code. The jury also found in favor of the City on its claim for fraud. TWE filed a motion to disregard most of the jury findings and to enter judgment notwithstanding the verdict. The trial court granted TWE’s motion to disregard in part and denied it in part. The final judgment signed by the trial court awarded the City $750,000 in civil penalties for violations of city ordinances 21391 and 22158 and awarded the THC $500,000 in damages under section 315.006. The trial court granted judgment notwithstanding the verdict on all other relief awarded to the City and the THC. TWE brings this appeal contending that the trial court erred in failing to grant judgment in its favor on the claims for civil penalties and damages brought by the City and the THC under the local government code. The THC cross-appeals contending the trial court erred in disregarding the jury’s finding of exemplary damages.2

Analysis

The THC’s Claim Under § 315.006

In its first issue, TWE contends the trial court erred in failing to grant judgment notwithstanding the verdict on the THC’s claim for damages because the THC does not have a viable claim under section 315.006 of the Texas Local Government Code. Specifically, TWE argues there was no evidence that the filing requirements set forth in subsections (h) and (i) of section 315.006 were met and meeting those filing requirements is a prerequisite to recovery under the section.3 The THC [297]*297responds that the filing requirements do not apply to it and, therefore, the judgment in its favor should be sustained. It is undisputed that the filing requirements set forth in subsections (h) and (i) were not met in this case. Accordingly, the issue we must decide is one of statutory construction. We must determine whether the language of the statute grants the THC the ability to recover even in the absence of the required filing.

Statutory construction is a legal question we review de novo. City of Rockwall v. Hughes, 246 S.W.3d 621, 625 (Tex.2008). Our primary objective in construing a statute is to give effect to the legislature’s intent. Tex. Dept. of Transp. v. City of Sunset Valley, 146 S.W.3d 637, 642 (Tex.2004). To discern that intent, we begin with the plain and common meaning of the statute’s words. Id. If the statute’s language is unambiguous, we interpret it according to its terms, giving meaning consistent with the statute’s other provisions. Id. We may consider, among other things, the objective the law seeks to obtain and the consequences of a particular construction. Id.; see also Tex. Gov’t Code Ann. § 311.023 (West 2005). Finally, we read the statute as a whole and not just isolated portions. See Sunset Valley, 146 S.W.3d at 642.

The title of section 315.006 is “Liability for Adversely Affecting Historic Structure or Property.” See Tex. Loo. Gov’t Code ANN. § 315.006 (West 2005). Subsections (a) through (g) set out a cause of action that may be brought by a municipality to recover equitable and/or monetary damages from a person who “adversely affects the structural, physical, or visual integrity” of a historic structure or property without the proper written permission from the municipality. Id. Subsection (h) requires the municipality to file in the real property records of the county clerk’s office a “verified written instrument listing each historic structure or property that is located in the municipality and county....” Id. Subsection (i) renders subsection (a) through (g) inapplicable until after the municipality files and indexes the verified written listing of historic structures. Id.

Subsections (j) and (k) of section 315.006 set out a cause of action that may be brought by the THC against a person who adversely affects a historic structure. Id.

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407 S.W.3d 292, 2013 WL 1561117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-west-end-inc-v-city-of-dallas-texas-historical-commission-texapp-2013.