UP Wins Appeal in Legacy Hillcrest Zoning Case

The city of University Park won a legal battle this week when the Texas Fifth Circuit Court of Appeals reversed a lower-court ruling in the case of a 2011 dispute involving attempts by Legacy Hillcrest Investments to build a parking garage just south of Snider Plaza.

The appeals court ruled that the city’s Board of Adjustment has the power to interpret and apply the city’s zoning ordinance, and therefore had the right to deny the permit to build a garage on four lots in the 3400 block of Haynie Street.

Legacy Hillcrest has tried multiple times since 2001 to develop that property through rezoning efforts. The developer and the city have argued over building density and economic feasibility for various projects.

The most recent effort involved a permit to build an above-ground, multi-level parking garage, which the city’s community development staff recommended for approval. However, the BOA denied the application, prompting Legacy to file a lawsuit in state district court. The 191st District Court in Dallas County ruled in favor of Legacy in 2013, which led to the city’s appeal.

You can see the appeals court ruling in its entirety after the jump.

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