A recent ruling by the U.S. Fifth Circuit Court of Appeals could have significant implications for municipal design review processes, particularly in cases where aesthetic regulations restrict property owners’ rights.
The case originated in San Marcos, Texas, where homeowners Kristy Money and Rolf Straubhaar sought permission to remove a wrought-iron balcony featuring a “Z” from their Depression-era home in the Burleson Historic District. The “Z” referenced Frank Zimmerman, a former San Marcos mayor and theater owner with ties to the Ku Klux Klan.
