Fight Over South Congress Cafe Deck Continues

AUSTIN, TX - The 3rd Court of Appeals has granted South Congress Cafe a reprieval of sorts in its long standing fight against the city over a patio deck. The court sided with the cafe owners after it stated that a lower court didn't provide a proper hearing before siding with the city.

The debate between the two dates back to March 2005 when a city inspector notified the owners of the cafe, Trudy's Texas Star Inc., that their outdoor deck and fencing violated city code because they failed to obtain approval of the site.

The court ruled that Trudy's was in the wrong for not getting proper permits to build the deck, but they stated the city faulted itself by allowing other landowners who have built improvements without the required approvals and permits to obtain them retroactively.

Trudy’s and the city tried to remedy the situation a while ago by allowing them to get permits in exchange for more on-site handicap parking as a way to circumvent the other issues.

The deck has been a source of contention for neighbors living around the cafe and has been sitting unused for a long while. After the city and Trudy's agreed on a way to fix the issue, neighbors still objected to the deck, so the city pulled the permits which Trudy's says has cost them time and money.

When the city told Trudy's to tear down the deck, they came back and sued the city. Trudy's filled a suit against the city in 2007 and the court ruled in favor of the city. An appeal was filed by Trudy's in response to the judges ruling, stating that they had grounds for the trial to go before a jury

Now the owners of the cafe will have their day in court. Which means that if a jury sides with them in the case, the city could end up paying them thousands of dollars.