Texas Codes

Tex. Loc. Gov't Code § 211.011 (2026)

Judicial Review Of Board Decision

✓ current as of May 2026

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Sec. 211.011. JUDICIAL REVIEW OF BOARD DECISION. (a) Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality:

(1) a person aggrieved by a decision of the board;

(2) a taxpayer; or

(3) an officer, department, board, or bureau of the municipality.

(b) The petition must be presented within 10 days after the date the decision is filed in the board's office.

(c) On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown.

(d) The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ.

(e) If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision.

(f) The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision.

(g) The court may not apply a different standard of review to a decision of a board of adjustment that is composed of members of the governing body of the municipality under Section 211.008(g) than is applied to a decision of a board of adjustment that does not contain members of the governing body of a municipality.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 363, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 646, Sec. 1, eff. Aug. 30, 1999.

Notes of Decisions

Cited in 20 cases, 1994–2011 · leading case: City of Paris & Kevin Carruth v. Ranger Abbott, 360 S.W.3d 567 (Tex. App. 2011).

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City of Paris & Kevin Carruth v. Ranger Abbott, 360 S.W.3d 567 (Tex. App. 2011). “Tex. Loc. Gov't Code Ann. § 211.011 (West 2008).”

Pearce v. City of Round Rock, 78 S.W.3d 642 (Tex. App. 2002). “Compare Tex. Loc. Gov't Code Ann. § 211.011 (West 1988), with Round Rock, Tex.”

J.B. Advert., Inc. v. Sign Bd. of Appeals, 883 S.W.2d 443 (Tex. App. 1994). “Review of a municipal sign board’s decision is by writ of certiorari to determine the legality of the board’s order. Section 216.”

Tellez v. City of Socorro, 296 S.W.3d 645 (Tex. App. 2009). “” Tex.Loc.Gov't Code Ann. § 211.011(e). 2 .”

Dengler v. City of Groves, 997 S.W.2d 418 (Tex. App. 1999). · cites it 2× “Pursuant to TEX. LOC. GOV'T CODE ANN. § 211.011 (Vernon 1999), Steven, Russell, and Eric Dengler filed a petition for writ of certiorari and an action for declaratory judgment, along with an ancillary request for injunctive relief against Larry's.”

Texas Dep't of Pub. Saf. v. Benoit, 994 S.W.2d 212 (Tex. App. 1999). “The procedure for such an appeal, or petition for certiorari, is provided in Tex.Loc. Gov't.Code § 211.011(b), (c). (Vernon 1988).”

City of Dallas v. Vanesko, 127 S.W.3d 220 (Tex. App. 2004). “When a person contests a zoning board's action by filing a timely writ of certiorari, *230 the district court sits as a court of review to determine the sole question of the legality of the zoning board's order.”

Juan Manuel Tellez v. City of Socorro (Tex. App. 2009). · cites it 6× “Tex.Loc.Gov't Code Ann. § 211.011(a)(1)(Vernon 2008).”

John Zamora & PCM Investments, Inc. D/B/A Junior's Beer & Wine v. City of Austin (Tex. App. 2002). · cites it 4× “See Tex. Loc. Gov't Code Ann. § 211.011 (West Supp.”

G. Michael Boswell & Prop. Owners Who Care-South Padre Island v. the Bd. of Adjustment & Appeals of the Town of South Padre Island, Texas (Tex. App. 2009). · cites it 4× “See Tex. Loc. Gov't Code Ann. § 211.011 (b) (Vernon 2008).”

Richard Wallace Pearce & Jesse Ray Blann v. City of Round Rock, Frank Del Castillo, Terry Hagood, Keith Hickman, Brian Lott, Mark Silla & Joseph Vining (Tex. App. 1999). · cites it 5× “Tex. Loc. Gov't Code Ann. § 211.011 (West 1988).”

Richard Wallace Pearce & Jesse Ray Blann v. City of Round Rock Round Rock Dev. Review Bd. Frank Del Castillo, in His Capacity as Member of the Round Rock Dev. Review Bd. Terry Hagood, in His Capacity as Member of the Round Rock Dev. Review Bd. (Tex. App. 2002). · cites it 3× “On remand from this Court, (5) the district court affirmed the Board.”

Show all 20 citing cases →

— Tex. Loc. Gov't Code § 211.011(a)(1) — 1 case

Juan Manuel Tellez v. City of Socorro (Tex. App. 2009). “Tex.Loc.Gov't Code Ann. § 211.011(a)(1)(Vernon 2008).”

— Tex. Loc. Gov't Code § 211.011(b) — 1 case

— Tex. Loc. Gov't Code § 211.011(c) — 1 case

Juan Manuel Tellez v. City of Socorro (Tex. App. 2009). “Tex.Loc.Gov't Code Ann. § 211.011(a)(1)(Vernon 2008).”

— Tex. Loc. Gov't Code § 211.011(e) — 2 cases

Tellez v. City of Socorro, 296 S.W.3d 645 (Tex. App. 2009). “” Tex.Loc.Gov't Code Ann. § 211.011(e). 2 .”

Juan Manuel Tellez v. City of Socorro (Tex. App. 2009). “Tex.Loc.Gov't Code Ann. § 211.011(a)(1)(Vernon 2008).”

— Tex. Loc. Gov't Code § 211.011(f) — 1 case

Juan Manuel Tellez v. City of Socorro (Tex. App. 2009). “Tex.Loc.Gov't Code Ann. § 211.011(a)(1)(Vernon 2008).”

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