Application of a Percentage Destruction Ordinance to a Damaged Building That Is One of Several Buildings Comprising a Nonconforming Use Is Held Unconstitutional
Boyle, Michael C.
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Examines the Texas Civil Court of Appeals for Texarkana’s case Adcock v. King. In Adcock, the Texarkana Board of Adjustments applied a percentage destruction rule to a damaged building that was part of a pre-existing, nonconforming use. The board ruled that since more than 60% of the value of the damaged building was destroyed, the owner could not be granted an exception to the zoning ordinance to which the destroyed building had been exempt. The court held such an application unconstitutional as it violated the building owner’s due process rights.