Marfil v. City of New Braunfels
Cases that cite this one
1 later published case cites this decision.
- Marfil v. City of New Braunfels, Texas (5th Cir. 2026)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Case: 22-50908 Document: 00516789701 Page: 1 Date Filed: 06/16/2023
United States Court of Appeals for the Fifth Circuit
United States Court of Appeals
Fifth Circuit ____________ FILED
June 16, 2023 No. 22-50908 Lyle W. Cayce ____________ Clerk
Rafael Marfil; Verge Productions, L.L.C.; Enrico Marfil; Naomi Marfil; Korey A. Rholack; Daniel Olveda; Douglas Wayne Mathes,
Plaintiffs—Appellants, versus
City of New Braunfels, Texas,
Defendant—Appellee.
______________________________
Appeal from the United States District Court for the Western District of Texas
USDC No. 6:20-CV-248 ______________________________
Before Jones, Clement, and Haynes, Circuit Judges. 1 Edith H. Jones, Circuit Judge:
Plaintiffs here appeal the Rule 12(b)(6) dismissal of their complaint alleging that the City of New Braunfels’s zoning regulation banning short- term rentals of residential properties in certain areas of the city is unconstitutional. The district court ordered dismissal by approving a few
Case: 22-50908 Document: 00516789701 Page: 2 Date Filed: 06/16/2023
No. 22-50908 conclusory paragraphs in a magistrate judge’s recommendation. This court’s relevant case law, however, indicates that some factual development may often occur in these cases, and that summary judgment may often follow. See, e.g., Mahone v. Addicks Util. Dist., 836 F.2d 921, 935–37 (5th Cir. 1988). We make no prediction on the future course of this case, but based on the complaint’s well-pled allegations, plaintiffs are entitled to engage in discovery in an attempt to surmount the currently high bar for challenging local zoning ordinances under the Constitution.
VACATED and REMANDED.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.