Deyeso v. Cty of Alamo Heights

2 Citing cases

  1. Centeno v. City of Alamo HGTS

    No. 04-02-00677-CV (Tex. App. Mar. 31, 2004)

    Further, the Centenos have not cited, and we have not found, any authority suggesting that a landowner's hope to receive variances similar to those granted in favor of a previous owner of the property or neighboring property owners qualifies, in and of itself, as a distinct investment-backed expectation. See Deyeso v. City of Alamo Heights, 594 S.W.2d 123, 125 (Tex. Civ. App.-San Antonio 1979, no writ) (rejecting property owners "contention that [his] constitutional rights were violated merely because the City had neglected [to prohibit the same activity he requested] on four previous occasions"); Gartner v. Board of Adjustment of City of San Antonio, 324 S.W.2d 454, 456 (Tex. Civ. App.-San Antonio 1957, writ ref'd n.r.e.) (rejecting argument that denial of permit due to non-compliance with city zoning requirement was illegal because there were other similar non-conforming businesses); Hill v. Board of Adjustment of City of Castle Hills, 301 S.W.2d 490, 491 (Tex.Civ.App.-San Antonio 1957, writ ref'd) ("[T]he fact that a zoning regulation has not been enforced does not work its repeal."). Finally, we find no authority to support the Centenos' contention that the City was required to enforce its zoning requirements using a "less burdensome and less restrictive alternative."

  2. Lethu v. City of Houston

    23 S.W.3d 482 (Tex. App. 1998)   Cited 15 times

    This barricade can in no way be characterized as a public improvement, as it is nothing more than a permanent physical obstruction.Compare DeYeso v. City of Alamo Heights, 594 S.W.2d 123, 124-25 (Tex.App.-San Antonio 1979, no writ) (stating city has duty to protect public streets from permanent obstructions); City of Fort Worth v. Southwest Magazine, 358 S.W.2d 139, 142 (Tex.App.-Fort Worth 1962, writ ref'd n.r.e.) (same). The easement right is not meant just to protect access to and from the property, but also to protect the private owner's access to and from the public roads.