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AUSTIN NEIGHBORHOODS COUN. v. BD. OF ADJUST.

No. 13735.

644 S.W.2d 560 (1982)

AUSTIN NEIGHBORHOODS COUNCIL, INC., et al., Appellants, v. BOARD OF ADJUSTMENT OF the CITY OF AUSTIN, Texas, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied January 12, 1983.

Attorney(s) appearing for the Case

Steven A. Fleckman, Scanlan, Buckle & Fleckman, Austin, for appellants.

Albert DeLaRosa, City Atty., Terrence L. Irion, Asst. City Atty., Austin, for Board of Adjustment of the City of Austin.

William H. Bingham, McGinnis, Lochridge & Kilgore, Austin, for Capitol Mortg. Bankers, Inc.

Michael J. Crowley, Brown, Maroney, Rose, Baker & Barber, Austin, for intervenor Rust Properties.

Before PHILLIPS, C.J., and EARL SMITH and BRADY, JJ.

PHILLIPS, Chief Justice.

This is an appeal from the trial court's affirmance of a decision of the appellee Austin Board of Adjustment. The Board upheld the issuance of a building permit by the Austin Building Department to appellee Capitol Mortgage Bankers, Inc.

We reverse the judgment of the trial court and remand the case with instructions to dismiss the case.

Appellants1 appealed the initial issuance of the building...

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