City of Houston v. James & Elizabeth Carlson

IN THE SUPREME COURT OF TEXAS

════════════ NO. 13-0435 ════════════ CITY OF HOUSTON, PETITIONER, v. JAMES & ELIZABETH CARLSON, ET AL., RESPONDENTS

════════════════════════════════════════════════════

ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS ════════════════════════════════════════════════════

JUSTICE WILLETT, joined by JUSTICE DEVINE, concurring.

A leader is someone who helps improve the lives of other people or improve the system they live under.1 —Sam Houston I join the Court’s opinion but write separately to underscore one important thing: The city that bears President Houston’s name, while prevailing on the takings claim, acted rather shabbily toward its citizens residing at Park Memorial Condominiums.

After learning of the alleged code violations, the City hastily ordered residents from their homes when lesser means of enforcement were available. And when property owners raised legitimate concerns, City officials enforced the order in direct contravention of state law and the City’s own protocol. See City of Houston v. Carlson, 393 S.W.3d 350, 357–61 (Tex. App.— Houston [14th Dist.] 2012, no pet.). In so doing, they ran afoul of the due-process requirements of the United States and Texas Constitutions. Id. In short, the City disregarded the constitutional rights of its own citizens.

Houstonians deserve better.

____________________________________ Don R. Willett Justice

OPINION DELIVERED: December 19, 2014