Texas Supreme Court

James C. Scott, Petitioners v. Board of Adjustment, Respondents

June 29, 19669 Tex. Sup. Ct. J. 509

Summary

The Texas Supreme Court held that taxpayers have standing to challenge a Board of Adjustment's variance authorizing an oversized sign, because the statute expressly permits any taxpayer to sue without showing personal injury. Accordingly, the trial court's dismissal for lack of justiciable interest was reversed and the case remanded for trial. Justice Griffin dissented, arguing that the suit should be dismissed and courts should not promote lawsuits.