the City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC

Court of Appeals of Texas

the City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC

DecidedJanuary 13, 2015

Docket14-14-00222-CV

StatusPublished

This text of the City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC (the City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC) 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.

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the City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC, (Tex. Ct. App. 2015).

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Opinion

January 13, 2015

JUDGMENT

The Fourteenth Court of Appeals THE CITY OF GALVESTON, TEXAS, Appellant

NO. 14-14-00222-CV V.

JOE MURPHY, YORAM BEN-AMRAM, AND GALTEX DEVELOPMENT, LLC, Appellees ________________________________

This cause, an interlocutory appeal from the order denying appellant City of Galveston’s motion to dismiss for lack of subject-matter jurisdiction, in favor of appellees, Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC, signed February 28, 2014, was heard on the transcript of the record. We have inspected the record and find the trial court erred in failing to grant the motion in part. We therefore order that the order that denied the City’s motion to dismiss with regard to appellees’ takings claims based on the City’s denial of appellees’ Special Use Permit is REVERSED in part and RENDER judgment dismissing such claims.

Further, we order that the order is AFFIRMED in part with regard to appellees’ takings claims based on the City’s revocation of the property at issue’s grandfathered non-conforming status.

We order that each party shall pay its costs by reason of this appeal.

We further order this decision certified below for observance.

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January 13, 2015

JUDGMENT

The Fourteenth Court of Appeals THE CITY OF GALVESTON, TEXAS, Appellant

NO. 14-14-00222-CV V.

JOE MURPHY, YORAM BEN-AMRAM, AND GALTEX DEVELOPMENT, LLC, Appellees ________________________________

This cause, an interlocutory appeal from the order denying appellant City of Galveston’s motion to dismiss for lack of subject-matter jurisdiction, in favor of appellees, Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC, signed February 28, 2014, was heard on the transcript of the record. We have inspected the record and find the trial court erred in failing to grant the motion in part. We therefore order that the order that denied the City’s motion to dismiss with regard to appellees’ takings claims based on the City’s denial of appellees’ Special Use Permit is REVERSED in part and RENDER judgment dismissing such claims.

Further, we order that the order is AFFIRMED in part with regard to appellees’ takings claims based on the City’s revocation of the property at issue’s grandfathered non-conforming status.

We order that each party shall pay its costs by reason of this appeal.

We further order this decision certified below for observance.

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Bluebook (online)

the City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-city-of-galveston-texas-v-joe-murphy-yoram-ben-texapp-2015.