On April 05, 2012 a
Appellate Materials
was filed
involving a dispute between
Ben-Amran, Yoram,
Galtex Development, Llc,
Murphy, Joe,
and
The City Of Galveston,
for Other Civil - Cases
in the District Court of Galveston County.
Preview
1/13/2015 3:07 AM
12-CV-0907 JOHN D. KINARD
District Clerk
Galveston County, Texas
January 13, 2015
JUDGMENT
The Fourteenth Court of Appeals
THE CITY OF GALVESTON, TEXAS, Appellant
NO. 14-14-00222-CV V.
JOE MURPHY, YORAM BEN-AMRAM, AND GALTEX DEVELOPMENT,
LLC, Appellees
________________________________
This cause, an interlocutory appeal from the order denying appellant City of
Galveston’s motion to dismiss for lack of subject-matter jurisdiction, in favor of
appellees, Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC,
signed February 28, 2014, was heard on the transcript of the record. We have
inspected the record and find the trial court erred in failing to grant the motion in
part. We therefore order that the order that denied the City’s motion to dismiss
with regard to appellees’ takings claims based on the City’s denial of appellees’
Special Use Permit is REVERSED in part and RENDER judgment dismissing
such claims.
Further, we order that the order is AFFIRMED in part with regard to
appellees’ takings claims based on the City’s revocation of the property at issue’s
grandfathered non-conforming status.
We order that each party shall pay its costs by reason of this appeal.
We further order this decision certified below for observance.
Document Filed Date
January 13, 2015
Case Filing Date
April 05, 2012
Category
Other Civil - Cases
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1/13/2015 3:07 AM 12-CV-0907 JOHN D. KINARD District Clerk Galveston County, Texas January 13, 2015 JUDGMENT The Fourteenth Court of Appeals THE CITY OF GALVESTON, TEXAS, Appellant NO. 14-14-00222-CV V. JOE MURPHY, YORAM BEN-AMRAM, AND GALTEX DEVELOPMENT, LLC, Appellees ________________________________ This cause, an interlocutory appeal from the order denying appellant City of Galveston’s motion to dismiss for lack of subject-matter jurisdiction, in favor of appellees, Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC, signed February 28, 2014, was heard on the transcript of the record. We have inspected the record and find the trial court erred in failing to grant the motion in part. We therefore order that the order that denied the City’s motion to dismiss with regard to appellees’ takings claims based on the City’s denial of appellees’ Special Use Permit is REVERSED in part and RENDER judgment dismissing such claims. Further, we order that the order is AFFIRMED in part with regard to appellees’ takings claims based on the City’s revocation of the property at issue’s grandfathered non-conforming status. We order that each party shall pay its costs by reason of this appeal. We further order this decision certified below for observance.