City of Houston v. Carlson
393 S.W.3d 350
Tex. App.2012Background
- Appellant City of Houston challenges district court reversal of its order to vacate Park Memorial condominiums.
- City ordered occupants to vacate after inspections revealed code violations and structural concerns; notices advised of right to hearing and potential penalties.
- An independent structural engineer (Collins) concluded units were unsafe and structural members deteriorated.
- The City issued an August 15, 2008 order to vacate by September 15; extended deadlines due to Hurricane Ike.
- Administrative hearing held September 9, 2008; hearing officer affirmed the order on September 10; deadlines extended again to October 1.
- Appellees petitioned for certiorari in district court (October 1, 2008); district court granted temporary relief but later granted City’s plea to the jurisdiction; the case was appealed and remanded for proceedings under §214.0012; on remand, district court reversed the vacate order, prompting the City’s cross-motions and a second final judgment in 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction under §214.0012 | Appellees argue verification defects do not defeat jurisdiction; petition filed within time suffices | City contends only verified petitions invoke jurisdiction and defects void jurisdiction | Defect in verification not jurisdictional; petition suffices; jurisdiction established |
| Procedural due process under §214.001 | Appellees had protected property interests and were entitled to hearing before vacate order | City contends substitute notices and later hearing complied with §214.001 | City deprived appellees of procedural due process by not conducting a hearing before vacating and by inadequate notice |
| Substitute procedures vs. §214.001 hearing | City’s notices/hearing did not satisfy §214.001’s explicit hearing requirements | Administrative hearing sufficed as an alternative procedural path | Section 214.001 required a hearing; substitute procedures did not satisfy due process; vacate order invalid |
Key Cases Cited
- Carlson v. City of Houston, 309 S.W.3d 579 (Tex.App.-Houston [14th Dist.] 2010) (affirmative demonstration of district court jurisdiction under §214.0012; emergency relief not required)
- Tellez v. City of Socorro, 226 S.W.3d 413 (Tex.2007) (verification/illegality can be waived; petition suffices for §211.011 analogue; jurisdictional issue nonjurisdictional)
- Teague v. City of Jacksboro, 190 S.W.3d 813 (Tex.App.-Fort Worth 2006) (petition required to invoke district court jurisdiction under §211.011(a))
- City of Marshall v. Southern Dev. of Miss., 366 S.W.3d 732 (Tex.App.-Texarkana 2012) (verification defects may be nonjurisdictional; waiver considerations under §211.011/214.0012)
- Davis v. Zoning Bd. of Adjustment, 865 S.W.2d 941 (Tex.1993) (priority on when filing petition invokes jurisdiction; no writ required)