August 14, 2022

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Texas Justices Say City’s Preservation Ordinance Isn’t Zoning

Law360 (June 4, 2021, 7:08 PM EDT) — The Texas Supreme Courtroom on Friday backed the city of Houston’s historic preservation ordinance in opposition to two homeowners who alleged the ordinance executed zoning in violation of the city’s personal charter and the Texas Zoning Enabling Act.

The court listened to arguments in January from property owners Kathleen Powell and Paul Luccia that the historic preservation ordinance governing the Heights East neighborhood was improperly applied and should be struck down. In 1994, Houston voters amended the metropolis charter to explicitly prohibit zoning with no a citywide referendum.

The case turned on what the definition of zoning is, which just isn’t outlined in the city’s charter. The property owners…

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