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Susan Morrison, on Behalf of Her Family, and as Taxpayers & Aggrieved Parties in the Mountain View Neighborhood v. City of Llano by and Through Its City Council Acting as the Board of Adjustment And by and Through Its City Manager, Finley De Graffenried, in Their Official Capacities And Aldermen Mike Reagor & Edward Stefan

Citation: Not availableDocket: 03-08-00558-CV

Court: Court of Appeals of Texas; April 2, 2009; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

A joint motion to dismiss the appeal has been filed by both the appellant, Susan Morrison (representing her family and as a taxpayer from the Mountain View Neighborhood), and the appellees, which include the City of Llano, its City Council, City Manager Finley de Graffenried, and Aldermen Mike Reagor and Edward Stefan. The appeal originates from the District Court of Llano County, presided over by Judge Daniel H. Mills. The dismissal is granted based on a settlement agreement between the parties. The case is dismissed under Texas Rules of Appellate Procedure Rule 42.1(a). The ruling was issued by Chief Justice Woodfin Jones, along with Justices Puryear and Henson, on April 2, 2009.

Legal Issues Addressed

Application of Texas Rules of Appellate Procedure Rule 42.1(a)

Application: The case was dismissed pursuant to Rule 42.1(a) of the Texas Rules of Appellate Procedure.

Reasoning: The case is dismissed under Texas Rules of Appellate Procedure Rule 42.1(a).

Authority of Appellate Court to Dismiss

Application: The appellate court, consisting of Chief Justice and two Justices, exercised its authority to dismiss the appeal based on the parties' agreement.

Reasoning: The ruling was issued by Chief Justice Woodfin Jones, along with Justices Puryear and Henson, on April 2, 2009.

Dismissal of Appeal under Settlement Agreement

Application: The appeal was dismissed following a joint motion by both parties due to a settlement agreement.

Reasoning: The dismissal is granted based on a settlement agreement between the parties.