The City of University Park, Texas, Petitioners v. Ruth Hagaman Benners

Summary

The Texas Supreme Court affirmed the trial court’s summary judgment granting the City of University Park’s zoning ordinance that terminates a nonconforming commercial use, holding the ordinance is a valid exercise of police power and not a taking. The Court rejected the respondent’s constitutional takings claim and affirmed the burden on a challenger to show an abuse of discretion.