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- Continental Homes in San Antonio, TX
- Continental Homes Of Tx., Lp Dr Horton Additional Information Add Info
- Continental Homes of Tx / Dr Horton
- Continental Homes of Texas, LP Reviews
- Continental Homes of Texas, LP
- Unique Interiors of Texas
- Continental Homes of Tx., Lpcontinental Homes of Texas Employees
- Continental Homes v. City of San Antonio, No. 04-07-00038-CV.
Finally, we address whether the trial court erred in denying Continental's counterclaim for declaratory relief as to its vested rights to develop the Kallison Ranch Project and for recovery of its attorney's fees. The trial court denied Continental's claim for a declaratory judgment, and disregarded the jury's award of attorney's fees as immaterial. On appeal, Continental asserts that it is entitled to declaratory relief as to its vested rights, and to recovery of attorney's fees in the amounts found by the jury, i.e., $134,000 for trial plus $15,000 in conditional appellate fees. In 1997, the City of San Antonio enacted a tree preservation ordinance for the first time, which instituted a permit requirement before certain protected trees could be removed. The ordinance was amended in 2003, which is the version at issue in this case. The 2003 ordinance is referred to herein as the "Tree Permit Ordinance."
Based on the foregoing analysis, we reverse the trial court's judgment granting a permanent injunction against Continental Homes and ordering mitigation of the removed trees, and render a take-nothing judgment against the City of San Antonio. In addition, we grant Continental's request for declaratory relief and render a declaratory judgment that Continental Homes has the vested right to develop the Kallison Ranch Project under the ordinances in effect as of August 29, 1991, and award Continental its attorney's fees in the amounts found by the jury. See Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex.1995) ; see also City of Helotes v. Miller, 243 S.W.3d 704, 708 (Tex.App.-San Antonio 2007, no pet.) ("ripeness emphasizes the need for a concrete injury for a justiciable claim to be presented," and a claim is "not ripe if its resolution depends on contingent or hypothetical facts, or upon events not yet come to pass"). At trial and on appeal, the City has stressed that it does not concede that Continental Homes has valid, existing vested rights to develop the Kallison Ranch Project.
Continental Homes in San Antonio, TX
Art. 1, § 16; Corpus Christi People's Baptist Church, Inc. v. Nueces County Appraisal Dist., 904 S.W.2d 621, 626 (Tex. 1995) . Continental also contends the trial court erred in disregarding the jury's answer declining to find the project had become dormant. Given our resolution of the waiver issue, we need not reach these arguments. The City raised a single issue on cross-appeal, asserting the trial evidence conclusively established that the Kallison Ranch Project had become dormant, and therefore the judgment should be modified to reflect that Continental possesses no vested rights as a matter of law. The City withdrew its cross-appeal at oral argument; therefore, we need not determine whether the evidence "conclusively established" dormancy.
If you are thinking of hiring Continental Homes of Texas, L.P, we recommend double-checking their license status with the license board and using our bidding system to get competitive quotes. We need not reach the broader question of whether the trial court had the authority to disregard the jury's findings and make its own sua sponte findings of fact. At the charge conference, Continental Homes stipulated that its agents had removed "significant" and "heritage" trees that would have been protected under the Tree Permit Ordinance, if it applied. Excellent people with excellent service providing a great service. Large or small projects this is the contractor you can depend on.
Continental Homes Of Tx., Lp Dr Horton Additional Information Add Info
Of Am., Inc., 184 S.W.3d 760, 771 (Tex.App.-Dallas 2005, pet. denied); Stephanz v. Laird, 846 S.W.2d 895, 901 (Tex.App.-Houston [1st Dist.] 1993, writ denied). Issues are not "tried" merely by the receipt of evidence on the issue. Additionally, the doctrine of trial by implied consent generally does not apply if the evidence related to the issue is also relevant to other issues raised by the pleadings. If an issue is deemed tried by consent, it is treated as if it had been raised in the pleadings.
The court further concluded that the Tree Permit Ordinance was enforceable in the ETJ as a matter of law, and thus Continental was required to, but did not, obtain a tree permit. We reverse the trial court's judgment and dissolve the injunction, and render judgment recognizing Continental's vested rights and awarding it attorney's fees. In September 2006, a jury trial was held on the City's request for a permanent injunction, civil penalties and mitigation damages, and on Continental's counterclaim for declaratory relief and attorney's fees.
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Their BuildZoom score of 100 ranks in the top 13% of 222,249 Texas licensed contractors. On July 12, 2006, a tree inspector for the City of San Antonio drove past the site on his way to another site and noticed big mulch piles and heavy equipment used for clearing large trees. In July 2006, Continental hired the Eggmeyer company to clear brush and trees from approximately 30 acres.
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The City responded by pleading that any vested rights had expired or become dormant, and did not exempt compliance with the Tree Permit Ordinance. Finally, at oral argument, the City contended that the judgment is not really based on waiver, but rather on the court's other conclusions of law that the Tree Permit Ordinance applies in the ETJ as a matter of law, and that Continental Homes failed to obtain a tree permit as required by the ordinance and MDP # 838. The trial court's verbal ruling at the conclusion of the hearing on the motions to enter judgment confirms that reading of the written judgment. File on the Kallison Ranch Project and found the Vested Rights Permit issued in 2002, stating that the project was vested back to 1991. It is clear from the record, and the City concedes, that the affirmative defense of waiver based on failure to appeal the conditional approval of MDP # 838 was never pled by the City.
You can use our building permit search to see the contractors who are active in your neighborhood and the projects currently taking place. The superintendent told the tree inspector that he believed the City could not enforce its tree ordinance in the ETJ, and indicated they planned to continue with the job. Having concluded that the trial court's finding that Continental's vested rights were waived cannot stand, we next address whether, given its existing vested rights, Continental was nevertheless required to comply with the Tree Permit Ordinance as contended by the City.
Continental's position at trial was that the City could not enforce its Tree Permit Ordinance in the ETJ, and, alternatively, that the Vested Rights Permit exempted it from having to apply for, or obtain, a permit under the subsequently-enacted ordinance. The evidence was undisputed that the Kallison Ranch Project is located in the ETJ, the City issued the Vested Rights Permit for the project in March 2002, and Continental did not apply for a tree permit under the Tree Permit Ordinance before removing protected trees from the site. The City argued at trial that any vested rights had become dormant due to lack of progress toward completion of the project, and, alternatively, that even if the vested rights were valid, Continental Homes was still required to comply with the "procedural" permitting requirements of the Tree Permit Ordinance because it did not impinge on "substantive" vested rights.
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Mastin v. Mastin, 70 S.W.3d 148, 154 (Tex.App.-San Antonio 2001, no pet.). Given our resolution of the above issues, we need not address Continental's remaining issues raised on appeal — whether the City may enforce the Tree Permit Ordinance in the ETJ; whether the trial court was required to consider the recent amendments to the Tree Permit Ordinance's mitigation standards; and whether mitigation is equivalent to a prohibited civil penalty for a violation in the ETJ. In August 1991, the Kallison Ranch landowners entered into a written agreement with Grey Forest Utilities to provide natural gas service to the development in exchange for the utility's acquisition of a tract of land for placement of a gas metering station. Based on the Grey Forest utility service agreement, the City of San Antonio granted an application for a vested rights permit for the Kallison Ranch Project on March 15, 2002 (the "Vested Rights Permit"). The Vested Rights Permit states that it is effective "as of August 29,1991," and does not state any conditions to its continuation or any expiration date. Our building permit records indicate that Continental Homes of Tx., Lpcontinental Homes of Texas has worked on at least 338 projects over the past 3 years.
Analyzing permits over the last 4 years shows that Continental Homes of Tx., Lpcontinental Homes of Texas mostly works on new construction projects. Our building permit records indicate that Continental Homes of Tx., LP Dr Horton has worked on at least 523 projects over the past 3 years. Our building permit records indicate that Continental Homes of Tx / Dr Horton has worked on at least 585 projects over the past 2 years. Our building permit records indicate that Continental Homes of Texas, LP has worked on at least 609 projects over the past 2 years. Our building permit records indicate that Continental Homes of Texas (D.R. Horton) has worked on at least 1305 projects over the past 3 years. The information on BuildZoom is made available as a public service and should not be considered advertising.
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Two days later, the City obtained a temporary restraining order. The City then filed a petition seeking a permanent injunction, civil penalties and mitigation based on the number of protected trees removed. Approximately one week after the temporary restraining order was granted, Continental reviewed the Pape-Dawson file on the Kallison Ranch Project and found the Vested Rights Permit issued in 2002, stating that the project was vested back to 1991. All of the Continental representatives who testified agreed that this was the first time Continental knew about the Vested Rights Permit. When Continental answered the City's suit, it pled vested rights as an affirmative defense, asserting that it was entitled to develop the property under the ordinances in effect on the date of vesting, i.e., August 29, 1991; there was no tree preservation ordinance in effect on that date, and therefore Continental claimed it was exempt from the Tree Permit Ordinance. Continental also filed a counterclaim for declaratory relief as to its vested rights, asking the court to affirm its "right to develop the property under the ordinances in place as of August 29, 1991," and seeking recovery of its attorney's fees; a claim for wrongful injunction was later dropped.
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