360 S.W.3d 670
Tex. App.2012Background
- Kuykendall appeals a DSDB demolition order for two San Antonio buildings; she alleges improper notice violated due process.
- DSDB held a public hearing on Oct 12, 2009, determining the properties were nuisances and ordering demolition.
- Notice was mailed Oct 2, 2009 (certified mail), with attempted delivery Oct 3 and Oct 22; pre-hearing notices were deposited in Kuykendall’s mailbox Oct 28.
- After hearing, DSDB issued demolition orders and Kuykendall received notice by certified mail Oct 22–23, 2009; she discovered a notice posting at the properties Oct 22.
- District court affirmed the DSDB decision, stayed enforcement briefly, and Kuykendall appealed with a new challenge to DSDB composition raised later.
- Record does not include the DSDB proceedings, so the court reviews under substantial evidence and conducts due process/notice issues de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DSDB composition violated due process | Kuykendall argues city-employee DSDB violated due process. | City relies on Slavin upholding DSDB composition. | Issue overruled; no reversible error. |
| Whether DSDB notice complied with state/local notice requirements | Notice was untimely receipt, violating requirements. | Notice transmitted (mailed/posted) complies with law. | Issue overruled; notice transmitted in accordance with applicable law. |
| Whether Chapter 214 notice provisions violate due process | Chapter 214 notice provisions inherently lack due process. | Chapter 214 not applicable to Kuykendall’s receipt of pre-hearing notice. | Issue overruled; no due process violation. |
Key Cases Cited
- Slavin v. City of San Antonio, 330 S.W.3d 670 (Tex.App.--San Antonio 2010) (addressed impartiality vs. city-employee board composition in notice cases)
- Perkins v. City of San Antonio, 293 S.W.3d 650 (Tex.App.--San Antonio 2009) (acknowledged substantial evidence review but allowed due process notice considerations)
- Nussbaum v. City of Dallas, 948 S.W.2d 305 (Tex.App.--Dallas 1996) (supports substantial evidence review framework)
