Deidre W. Lee and Samuel G. McKerall v. Charles Houser and Robert C. Holk Town of Magnolia Springs and Magnolia…

Summary

The court affirmed the judgment awarding Lee damages against the Town of Magnolia Springs and its planning commission, holding that sufficient evidence supported the jury's finding that the defendants negligently used extraterritorial jurisdiction and a moratorium to delay development of her property. It reversed McKerall's award because he failed to timely present his tort claim to the municipality and could not use relation-back principles to cure that defect. It also affirmed summary judgment for the individual municipal defendants Houser and Hoik.