Southern Development of Mississippi, Inc. v. Zoning Board of Marshall, 366 S.W.3d 732

SDM owns Outlot 54 at 1006 West Grand Avenue, Marshall, TX, with part zoned C-2 and part R-1.
After construction began, the City issued a stop-work order for being too close to the residential portion.
SDM appealed to the Zoning Board of Adjustment, which affirmed the City's decision.
SDM sought certiorari in district court; the Board cross-claimed that SDM's petition lacked proper verification, challenging jurisdiction.
The board waived any verification defect, and the district court affirmed the Board's decision; SDM appealed further.
The court held the Board abused its discretion by misapplying setback rules based on zoning lines rather than lot boundaries, and reversed in SDM’s favor.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether verification defect affected jurisdiction	SDM argued defect was nonjurisdictional and waived.	Board argued verification was defective and jurisdictional.	Verification defect waived; jurisdiction preserved
Whether Board abused its discretion on setbacks and rear-yard rules	Setbacks should be based on lot lines, not the zoning line.	Setbacks applied per Section 23 using C-2 rear-yard rules adjacent to residential areas.	Board's decision illegal; setbacks not required from zoning line; SDM wins

City of Dallas v. Vanesko, 189 S.W.3d 769 (Tex. 2006) (zoning board appeals; standard of review)
Tellez v. City of Socorro, 226 S.W.3d 413 (Tex. 2007) (waiver of procedural defects; jurisdictional analysis)
Davis v. Zoning Bd. of Adjustment, 865 S.W.2d 941 (Tex. 1993) (ten-day jurisdictional filing; illegality action)
Lamar Corp. v. City of Longview, 270 S.W.3d 609 (Tex.App.-Texarkana 2008) (procedural defects; waiver considerations)
So. Nat'l Bank of Houston v. City of Austin, 582 S.W.2d 229 (Tex.Civ.App.-Tyler 1979) (uncertainty in delegated planning decisions)
Edwards Aquifer Auth. v. Chem. Lime, Ltd., 291 S.W.3d 392 (Tex. 2009) (statutory prerequisites and jurisdictional analysis)