CITY OF DALLAS V. STEWART: SUPREME COURT SEEKS ADDITIONAL BRIEFING ON MOTION FOR REHEARING IN DILAPIDATED BUILDING CASE

On July 1, 2011, the Supreme Court of Texas held in City of Dallas v. Stewart that an appointed city board’s determination that a building is a public nuisance and should be demolished should not be given deference by a court, but should be reviewed de novo(“from the beginning”).  The City of Dallas filed a motion for rehearing in the hope that the Court would reconsider its decision.  The League and numerous Texas cities filed amicus briefs in support of the motion.

On October 17, the Court requested a response from Stewart on the motion.  The request likely means that the Court has been swayed somewhat by cities’ arguments, which could be a potential first step in the issuance of a new opinion.

TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League.

Back to Legislative Update Index