Opinion
No. 12-04-00176-CV
Opinion Delivered March 16, 2005.
Appeal from the 145th Judicial District Court of Nacogdoches County, Texas.
Panel consisted of WORTHEN, C.J., GRIFFITH, J., and DeVASTO, J.
MEMORANDUM OPINION
In this appeal, Dr. Robert Gruebel challenges a declaratory judgment signed in the 145th District Court of Nacogdoches County, Texas in trial court cause number C19,868-2003 styled Dr. Robert Gruebel v. The City of Nacogdoches and Commercial Bank of Texas, N.A. The central issue in the appeal is the interpretation of Article XI of the City's ordinance relating to historic preservation. Specifically, the issue is whether a certificate of appropriateness from the Nacogdoches Historic Landmark Preservation Committee is required prior to demolition of a building located within the Historic Overlay of the City.
Gruebel previously informed this Court that the City issued a demolition permit for the building that is the subject of this appeal and that the building has been demolished. Consequently, we ordered Gruebel to show cause why this appeal should not be dismissed as moot. Gruebel responded arguing that the appeal is not moot because (1) a demolition permit has not been issued for a building that was the subject of a previously dismissed appeal and therefore (2) this Court should declare that any demolition permit for that building should be issued pursuant to and in accordance with the amended ordinance.
Gruebel also informed us that the ordinance in question has been amended to provide that a certificate of appropriateness is not required to demolish a designated historic landmark.
On Gruebel's motion, we dismissed Gruebel v. Zoning Board of Adjustment of the City of Nacogdoches , No. 12-04-00331-CV, 2005 WL 171848 (Tex.App.-Tyler Jan. 26, 2005, no pet.). That appeal involved the same issue as the case at hand, but different buildings. One of the buildings involved in that appeal has been demolished.
MOOTNESS
"It is well-settled law that `[a] case becomes moot when it appears that one . . . seeks judgment upon some matter which, when rendered, for any reason, cannot have any practical legal effect upon a then existing controversy.'" Swank v. Sharp , 358 S.W.2d 950, 951 (Tex.Civ.App.-Dallas 1962, no writ) (citations omitted). Accordingly, an appeal will be dismissed if, without any fault of the appellee, an event has occurred which makes a determination of it unnecessary or renders it impossible for an appellate court to grant effectual relief. Id. at 952.
Here, Gruebel did not supersede the lower court's judgment. The City issued a demolition permit and the building in controversy was demolished. Nonetheless, Gruebel argues that this appeal is not moot because whether the amended ordinance applies to the issuance of a demolition permit for the remaining building is an issue that is still in controversy. However, the issue Gruebel identifies is not in controversy in the instant appeal. Moreover, the building that remains was the subject of another appeal, which has been dismissed on Gruebel's motion.
CONCLUSION
Even if Gruebel were to prevail in this appeal, the relief granted would be ineffectual because the demolition Gruebel sought to prevent has already occurred. The unresolved issue Gruebel identifies is not in controversy in this appeal, and the building to which the issue relates is not involved in this appeal. Therefore, we hold that this appeal is moot and should be dismissed. Accordingly, the appeal is dismissed as moot.