Land Use Litigation

We understand the challenges and have extensive experience helping our clients resolve conflicts with state and local governmental entities. Changing ordinances, zoning conflicts and neighborhood disputes can cause major setbacks for even the most well-planned projects, leading to costly delays and expensive litigation. Even established businesses are not immune to shifting land use priorities. We have successfully represented a broad range of clients in disputes involving zoning changes, permitting, variance requests, condemnation, and other property rights concerns. Our familiarity with both the issues and the players involved in Texas land use regulation enables us to develop strategies for handling litigation in an effective and cost-efficient manner.

Our approach involves leveraging the experience of the skilled attorneys in our Land Use & Municipal Law group, whose in-depth knowledge of the regulatory landscape often enables them to recognize and address potential pitfalls before they lead to problems. When conflicts do arise, we get involved early, determining the attorneys with the experience and skill to deliver results to our clients involved in land use litigation.

By taking a proactive approach to planning, identifying smart land use strategies, and addressing conflicts efficiently, we help our clients overcome obstacles and keep their businesses running smoothly and their projects on track.

  • Life Covenant Church, Inc. v. Town of Colonie, New York, et al., United States District Court for the Northern District of New York, Albany Division. Successfully represented a large church in the New York Federal District Court against a municipality and its officials to obtain zoning approvals the municipality had previously refused to provide.
  • Texas Midstream Gas Services, L.L.C. v. City of Grand Prairie, et al., United States District Court for the Northern District of Texas, Dallas Division. Represented Texas Midstream Gas Services (an affiliate of Chesapeake Energy) in a suit challenging Grand Prairie’s recently enacted ordinance affecting the setback for natural gas compressor stations.
  • Con-Way Truckload, Inc. v. City of Lancaster, 193rd Judicial District Court, Dallas County, Texas. Represented Con-Way Truckload in its suit challenging the City of Lancaster’s denial of a variance needed to expand the company’s operations.
  • TSCA-231 v. NTE Mobility, L.L.C., 96th Judicial District Court, Tarrant County, Texas. Represented landowner against a developer under a comprehensive development agreement with the Texas Department of Transportation contending that the property value and relationships with commercial tenants were adversely affected by delays on the project.
  • Turley et al. v. Barretts, 160th Judicial District Court, Dallas County, Texas. Represented property owners in a suit involving the City of Dallas concerning the use of a public easement.

Gracie Garcia

Gracie Garcia

Associate, Fort Worth

Albon O. Head, Jr.

Albon O. Head, Jr.

Partner, Fort Worth

June 15, 2017

A Prevailing Party May Now Recover Attorney’s Fees in a Vested Rights Dispute

Chapter 245 of the Texas Local Government Code (the “Vested Rights Statute”), provides a regulatory scheme in which developers and the public may rely upon regulations of a regulatory agency in effect at the time an initial permit application for a project is filed.

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