Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of December 20, 2021.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

City of Grapevine v. Muns, No. 02-19-00257-CV (Dec. 23, 2021) (Kerr, J., joined by Sudderth, C.J.) (op. on reh’g).

Held: In this interlocutory appeal arising from the denial of a plea to the jurisdiction in a case challenging the City of Grapevine’s municipal ordinance banning short-term rentals (STRs), city officials’ statements that STRs were not permitted uses under the City’s existing zoning ordinance did not require STR owners to exhaust their administrative remedies before suing the City to invalidate the new ordinance expressly banning STRs and for a regulatory taking. Although the STR owners failed to plead a viable preemption claim, their takings claim and constitutional challenges to the new ordinance survived the City’s jurisdictional challenge in part because the STR owners’ property rights include a vested right to lease their properties.