TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed

TCAA, in conjunction with the Texas Municipal League, files amicus briefs and comments in support of cities on many issues. To keep up to date on the status of these issues, go to http://www.tml.org/p/Amicus%20Update%201.10.14.pdf.

Substandard Structure Nuisance Abatement:  City of San Antonio v. Wu, No. 13-0755, in the Supreme Court of Texas.  TML and TCAA filed an amicus brief in support of the City of San Antonio’s petition for review.  This case involves the timeframe in which a property owner may bring a takings claim as the result of an administrative nuisance determination.  TML and TCAA argued that a takings claim must be asserted on appeal from the administrative nuisance determination, not at any point in the same “proceeding” as held by the Fourth Court of Appeals.  Amici explained that the Fourth Court’s approach to this issue leaves cities and taxpayers exposed to financial hardship and uncertainty because they could be subjected to takings claims in relation to long-concluded nuisance abatements.  The brief was filed on December 17, 2013.