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360 S.W.3d 670
Tex. App.
2012
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Background

  • 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)
Read the full case

Case Details

Case Name: Alicia Wilson Kuykendall v. City of San Antonio Individually and on Behalf of the City of San Antonio Dangerous Structure Determination Board
Court Name: Court of Appeals of Texas
Date Published: Feb 1, 2012
Citations: 360 S.W.3d 670; 2012 WL 292958; 2012 Tex. App. LEXIS 818; 08-10-00208-CV
Docket Number: 08-10-00208-CV
Court Abbreviation: Tex. App.
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    Alicia Wilson Kuykendall v. City of San Antonio Individually and on Behalf of the City of San Antonio Dangerous Structure Determination Board, 360 S.W.3d 670