April 26, 2004

TOWN CAN’T RETROACTIVELY APPLY BUILDING CODES TO ITS EXTRATERRITORIAL JURISDICTION

Court of Appeal of the Fifth District of Texas at Dallas

A Texas town approved preliminary plats for a group of homebuilders and developers “Additions” that were located in the town’s extraterritorial jurisdiction. After the plats were approved, the town enacted an ordinance extending its existing building codes to its extraterritorial jurisdiction. The homebuilders asked a Texas trial court to issue a temporary restraining order preventing the town from using the ordinance to stop the homebuilders’ construction. The trial court refused and the homebuilders appealed. The Court of Appeals reversed the trial court’s decision and held that the ordinance could not be applied retroactively.

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