330 S.W.3d 670
Tex. App.2010Background
- The City of San Antonio issued a repair and demolition order against properties owned by Edward Slavin, Sr., Edward Slavin, Jr., and Sheila Slavin, which the district court remanded to the Board for further consideration.
- The Slavins appealed alleging due process violations related to fraud, bad faith, or abuse of discretion by the Board, and sought discovery.
- The Slavins sought discovery during the Board proceedings and again at trial; the City seeking protective orders resulting in denials of the discovery requests.
- The trial court denied additional discovery and the Slavins proffered expected testimony asserting the Board was comprised of City employees who conferred with City counsel before deciding.
- On cross-appeal, the City argued Slavin Sr. did not receive proper notice and that publication/posting notice sufficed; the trial court remanded Slavin Sr.’s property back to the Board.
- The court analyzed whether notice to Slavin Sr. was valid under municipal and local government code requirements before affirming the remand and denying substantial fees to the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process discovery was properly denied | Slavin | City | No due process violation; no arbitrary Board conduct shown |
| Whether the trial court erred in remanding Slavin Sr.'s property for notice deficiencies | Slavin | City | Remand proper; lack of proven personal notice invalidates publication/posting alone |
| Whether the Board's notice to Slavin Sr. complied with statutory requirements | Slavin | City | Notice by publication/posting not sufficient without proving attempts at personal service |
| Whether the City is entitled to attorney's fees | City | Slavin | Fees denied because trial court reserved ruling on fee issue |
Key Cases Cited
- Perkins v. City of San Antonio, 293 S.W.3d 650 (Tex.App.-San Antonio 2009, no pet.) (limits review to the record; allows due process consideration)
- Lewis v. Metro. Sav. & Loan Ass'n, 550 S.W.2d 11 (Tex. 1977) (arbitrary agency action; due process as a governing principle)