The Texas Public Policy Foundation (TPPF) has announced a favorable ruling from the Fifth Circuit Court of Appeals in the case of Money v. San Marcos. The court's decision allows property owners, represented by TPPF, to proceed with their claims against the City of San Marcos.

The legal dispute involved whether the city could mandate a homeowner to keep a decorative object on their property. Previously, a district court ruled that property owners should have pursued an administrative appeal. However, the Fifth Circuit deemed such an appeal "futile," thereby validating the plaintiffs' right to have their claims reviewed. This judgment underscores that governmental bodies cannot indefinitely postpone property rights claims through procedural obstacles.

The court further upheld two significant legal principles: first, that governments cannot compel property owners to maintain objects on their land without fair compensation; and second, that San Marcos’ zoning authority does not extend to regulating homeowners' aesthetic choices.

Chance Weldon, Director of Litigation at TPPF, stated, “This decision is a major win for property owners across Texas and beyond. The Fifth Circuit rightly rejected the City of San Marcos’ attempt to prevent our clients from getting their day in Court.”

TPPF Attorney Christian Townsend highlighted the broader impact of this ruling: “For too long, cities have tried to use vague and subjective aesthetic regulations to exert control over homeowners’ private property. This decision makes clear that municipalities cannot dictate the appearance of a person’s home without running afoul of constitutional protections.”

The Texas Public Policy Foundation continues its commitment to defending property rights and safeguarding Texans from unconstitutional government interference.