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Carlson v. City of Houston

The City argues that Texas Local Government Code �214.216 creates an exception to �214.0012's judicial review mechanism when the order to vacate is issued to enforce its building code "in an emergent situation." This argument fails because issuance of a writ under �214.0012(e) "does not stay proceedings on the decision appealed from." Therefore, the application of �214.0012 would not impede a municipality's ability to order occupants to vacate a dangerous building in emergency circumstances under either �214.001 or �214.216. Houston's 14th Court of Appeals, No. 14-08-01044-CV, 02-18-2010

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Reversed and Remanded and Opinion filed February 18, 2010.

OPINION

James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola, and Manny Espinola appeal from an order granting the City of Houston’s plea to the jurisdiction. We reverse and remand.

 
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