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Dissent.pdf

2011-07-01.guzman.pdf
Preview of Dissent
🔗 Source: docs.texasappellate.com
📊 Size: 51 KB
👤 Author: OMcCarthy
⬇️ Downloads: 115

Summary

The Texas Supreme Court held that a party whose real property has been determined a nuisance is entitled to an absolute right to de novo judicial review of the underlying nuisance determination made by an administrative board when the person alleges a taking. However, Justice Guzman dissented, arguing that the Court missed the crux of the constitutional issue, which is whether the procedures created by the Legislature for abatement of urban nuisances violate the due process rights of property owners. Guzman believed that the Legislature has properly declared that certain conditions are nuisances and provided for their summary abatement, and that due process does not necessitate a de novo judicial determination of a nuisance if the Legislature has specified a different standard of review.

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The Texas Supreme Court held that a party whose real property has been determined a nuisance is entitled to an absolute right to de novo judicial review of the...

Technical Information

  • File Format: PDF
  • File Size: 51 KB
  • Pages: 18
  • Language: EN
  • Author: OMcCarthy
  • Total Downloads: 115
  • Last Updated: 3 days ago

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