City of Grapevine v. Ludmilla B. Muns, Richard Mueller, Kari Perkins, Kevin Perkins, Pamela Holt, and A-1 Commercial and Residential Services, Inc.

Summary

Justice Young, joined by Justice Blacklock, concurs in the denial of the City of Grapevine’s petition for review concerning a municipal ban on short-term residential rentals. The concurrence discusses the importance of the constitutional questions under the Texas Takings and Due Course of Law Clauses but concludes that the case presents an unsuitable and potentially premature vehicle for resolving them. It takes no position on the viability of the homeowners’ claims or the underlying constitutional issues.

Holdings

1. The petition for review should be denied because the case involved potentially dispositive questions concerning administrative exhaustion and enforcement, two municipal ordinances requiring interpretation, and other complications that made it an inadequate and potentially premature vehicle for resolving the constitutionality of short-term-rental bans.

Questions Presented

1. Whether the Supreme Court of Texas should grant review to decide the constitutional validity of municipal bans on short-term residential rentals.
2. Whether this case was an appropriate and sufficiently developed vehicle for resolving the homeowners' Takings and Due Course of Law claims.

Disposition

writ_denied