AUSTIN – The Texas Public Policy Foundation is pleased to announce that on Friday, the Fifth Circuit Court of Appeals ruled in favor of property owners represented by TPPF in the Money v. San Marcos case. The Court’s decision reinstates the case for the Plaintiffs, allowing them the opportunity to proceed with their claims.
The case centered on whether the City of San Marcos could force a homeowner to retain a decorative object on their property. While the district court had held that the property owners should have gone to an administrative appeal, the Fifth Circuit called such an appeal “futile,” making the Plaintiffs’ claims ripe for review. This ruling reinforces the principle that government entities cannot indefinitely delay property rights claims through procedural hurdles.
Furthermore, the Court went on to hold the Plaintiffs had plead valid claims upholding two key principles of law. First, that the government cannot force property owners to keep objects on their land without just compensation. And second, that San Marcos’ zoning authority does not include the power to regulate the aesthetics of a homeowner’s property.
“This decision is a major win for property owners across Texas and beyond,” said Chance Weldon, Director of Litigation at TPPF. “The Fifth Circuit rightly rejected the City of San Marcos’ attempt to prevent our clients from getting their day in Court.”
TPPF Attorney Christian Townsend emphasized the broader implications of the ruling: “For too long, cities have tried to use vague and subjective aesthetic regulations to exert control over homeowners’ private property. This decision makes clear that municipalities cannot dictate the appearance of a person’s home without running afoul of constitutional protections.”
The Texas Public Policy Foundation remains committed to defending property rights and protecting all Texans from unconstitutional government intrusion.
For additional background on the case, click here.
Watch TPPF’s interview with the Plaintiffs here.
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