I need a little help understanding a part of the Texas Local Government Code. I know the majority of you are not in Texas but I figure who would be the best to answer this question than all of the smart people on this forum. Besides it just your opinion on what this means?
The Texas Local Government Code specifies the requirements when a municipality creates a Board of Appeals. The part I need you guys to help me on is what the heck this section says!
Sec. 211.010. APPEAL TO BOARD. (a) Except as provided by Subsection (e), any of the following persons may appeal to the board of adjustment a decision made by an administrative official:
(1) a person aggrieved by the decision; or
(2) any officer, department, board, or bureau of the municipality affected by the decision.
Subsection 1 and 2 specifies who can appeal to the BOA.
The part in question is at the beginning of the subsection where it specifies (a) Except as provided by Subsection (e),
Subsection e states: (e) A member of the governing body of the municipality who serves on the board of adjustment under Section 211.008(g) may not bring an appeal under this section.
Section 211.008 (g) is the section of the code that creates the BOA.
211.008 (g) states: (g) The governing body of a Type A general-law municipality by ordinance may grant the members of the governing body the authority to act as a board of adjustment under this chapter.
Just a FYIA Type A General Law municipality has at least 600 inhabitants.
So my thinking is that if you are a Type A General Law municipality and the governing body (the council or whatever) is also the BOA; then a member that is grieved by a decision made by an administrative official cannot appeal to the BOA because they are one and the same.
Scenario... A municipality has a council meeting. It goes to a vote. One of the members does not agree with the way the decision went. They cannot file an appeal with the BOA because the council and the BOA are one and the same. It would be a waste of time and money on the appeal because the outcome would more than likely be the same!
Do you guys see it the same way?
The Texas Local Government Code specifies the requirements when a municipality creates a Board of Appeals. The part I need you guys to help me on is what the heck this section says!
Sec. 211.010. APPEAL TO BOARD. (a) Except as provided by Subsection (e), any of the following persons may appeal to the board of adjustment a decision made by an administrative official:
(1) a person aggrieved by the decision; or
(2) any officer, department, board, or bureau of the municipality affected by the decision.
Subsection 1 and 2 specifies who can appeal to the BOA.
The part in question is at the beginning of the subsection where it specifies (a) Except as provided by Subsection (e),
Subsection e states: (e) A member of the governing body of the municipality who serves on the board of adjustment under Section 211.008(g) may not bring an appeal under this section.
Section 211.008 (g) is the section of the code that creates the BOA.
211.008 (g) states: (g) The governing body of a Type A general-law municipality by ordinance may grant the members of the governing body the authority to act as a board of adjustment under this chapter.
Just a FYIA Type A General Law municipality has at least 600 inhabitants.
So my thinking is that if you are a Type A General Law municipality and the governing body (the council or whatever) is also the BOA; then a member that is grieved by a decision made by an administrative official cannot appeal to the BOA because they are one and the same.
Scenario... A municipality has a council meeting. It goes to a vote. One of the members does not agree with the way the decision went. They cannot file an appeal with the BOA because the council and the BOA are one and the same. It would be a waste of time and money on the appeal because the outcome would more than likely be the same!
Do you guys see it the same way?