In a ruling June 4, the Texas Supreme Court affirmed a First District Court of Appeals judgment that Houston’s preservation ordinance does not constitute zoning and therefore does not violate the City Charter or Chapter 211 of the Texas Local Government Code. The city’s position supporting historic preservation in Houston has now been upheld at every level of the Texas court system. Preservation Houston was among the local, state and national organizations that signed on to an amicus brief supporting the city’s position.
The case of Kathleen Powell and Paul Luccia v. City of Houston has been moving through the courts since 2014. The case was filed by property owners in the Heights East Historic District who opposed the district’s designation.
In its ruling, the court stated that Houston’s preservation ordinance does not include several key features of zoning — for example, the ordinance does not impose direct limits on land use or regulate the use of any structure. The court also stated that the plaintiffs had not shown that the city violated Chapter 211 of the Local Government Code, which allows home-rule municipalities to regulate “the construction, reconstruction, alteration, or razing of building and other structures” in “designated areas of historical, cultural, or architectural importance and significance.”
“In Houston, property owners have to request historic designations, so this case was really about neighborhood protection,” PH Executive Director David Bush said. “The court’s finding means that Houstonians can continue to make their own decisions about preserving the character of the places they live.”
Your support allows PH to advocate for historic preservation and keep you informed about important issues affecting our community.