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City of San Antonio v. En Seguido, Ltd – Case Brief Summary (Texas)

In City of San Antonio v. En Seguido, Ltd., 227 S.W.3d 237 (Tex. App.--San Antonio 2007, no pet.), the Court recognized that rights vest in a particular project, not in the property itself; therefore, subsequent changes in ownership of the property do not affect the vested rights. Id. at 242-43.

In reaching this holding, the Court quoted with approval the following reasoning from the Attorney General's Opinion, "it is irrelevant whether the owner who files the original application for the first permit retains the property for the duration of the project or conveys the property." Id. at 242 (quoting Tex. Atty Gen. Op. No. JC-0425 (2001)).

A project is not specific to a person, and does not terminate each time the project is sold. Id.

Because vested rights attach to the project, and not to any particular property owner or permit holder, they follow along with any conveyances or transfers of rights related to the project. Id. at 242-43.