Town of Lakewood Village v. Bizios
493 S.W.3d 527
| Tex. | 2016Background
- Town of Lakewood Village (Type A general-law municipality, pop. ~620) adopted building codes and claimed enforcement authority in its extraterritorial jurisdiction (ETJ) extending 1/2 mile.
- Lot in Town's ETJ (part of Sunrise Bay subdivision) purchased by Harry Bizios; he obtained county, FEMA, and subdivision approvals and county inspections but did not obtain Town building permits.
- Town sued and obtained a temporary injunction ordering Bizios to stop construction; Bizios appealed interlocutorily and the court of appeals dissolved the injunction, holding the Town lacked authority to enforce building codes in its ETJ.
- Texas Supreme Court granted review to resolve whether a Type A general-law municipality may enforce building codes and permit requirements in its ETJ.
- The Court analyzed statutory text (esp. Tex. Loc. Gov’t Code chs. 212, 214, 233, 42) and principles limiting general-law municipal powers to those expressly or necessarily conferred by the Legislature.
- Court concluded the Local Government Code does not expressly or impliedly authorize general-law municipalities to enforce building codes or require municipal building permits in their ETJs and affirmed the court of appeals.
Issues
| Issue | Plaintiff's Argument (Bizios) | Defendant's Argument (Town) | Held |
|---|---|---|---|
| Whether a Type A general-law municipality may enforce building codes and require building permits in its ETJ | ETJ regulation of construction is governed by statute; counties protect unincorporated areas and municipalities lack authority absent express grant | Sections of Local Government Code (e.g., §§212.002,.003; §§214.904; §233.153) authorize municipalities to apply building standards in ETJ; enforcement is necessary for health/safety and uniformity | No. General-law municipalities do not have statutory authority to enforce building codes or require municipal building permits in their ETJs |
| Whether §§212.002 and 212.003 (plat/subdivision provisions) authorize building-code enforcement in ETJ | N/A for plaintiff; Town contends "development" language permits regulation of construction | Building codes and permits are part of development; plat and subdivision authority implies building standards extend into ETJ | No. "Plat" and "subdivision" refer to division/development of land, not building codes; text and context do not authorize building-permit enforcement in ETJ |
| Whether §§214.904 and 233.153 independently grant authority to enforce municipal building codes in ETJ | N/A | These provisions reference municipal permits and building-code control in ETJ, so they confirm municipal authority | No. Those sections assume existence of such authority but do not independently grant it to general-law municipalities |
| Whether municipal authority to enforce building codes in ETJ can be implied by necessity/public policy | N/A | Implied powers reasonably necessary to effect express powers; protecting health/safety makes enforcement in ETJ necessary | No. Implied powers for general-law municipalities are narrowly construed; enforcement of building codes in ETJ is not indispensable to express plat/subdivision authority |
Key Cases Cited
- Payne v. Massey, 196 S.W.2d 493 (Tex. 1946) (municipalities possess only powers expressly or impliedly conferred by the State)
- Tex. Dep’t of Transp. v. City of Sunset Valley, 146 S.W.3d 637 (Tex. 2004) (distinguishing home-rule and general-law municipal powers)
- City of Lucas v. N. Tex. Mun. Water Dist., 724 S.W.2d 811 (Tex. App.—Dallas 1986, writ ref’d n.r.e.) (prior appellate holding that general-law city could extend certain development ordinances into ETJ)
- In re Sanchez, 81 S.W.3d 794 (Tex. 2002) (home-rule cities derive broad powers from the Constitution)
- Tri-City Fresh Water Supply Dist. No. 2 v. Mann, 142 S.W.2d 945 (Tex. 1940) (limits on implied powers of municipal entities)
- Foster v. City of Waco, 255 S.W. 1104 (Tex. 1923) (any fair doubt about municipal power resolved against municipality)
- City of College Station v. Turtle Rock Corp., 680 S.W.2d 802 (Tex. 1984) (police power permits reasonable regulations for health/safety)
- City of Brookside Village v. Comeau, 633 S.W.2d 790 (Tex. 1982) (municipal regulatory authority grounded in police power)