The interpretation of vested rights ("grandfathering") has become one of the most crucial issues in determining the shape of new development and, ultimately, how our cities will look and function for years to come. Legal challenges to municipal enforcement of regulations adopted to protect the aquifer, protect the public from flooding, preserve trees and open space for the public’s enjoyment, prescribe density limits, and even require sidewalks or ban unsightly billboards have become routine.

Opinions on the subject range from those who aver that the only inducement Texas has to attract economic development is the low cost of doing business, (ergo, interpretation of vested rights should favor circumvention of existing ordinances) to those who believe that municipalities have the right and the duty to protect the public’s heath, safety and welfare by every means available, including strict interpretation of vested rights that enable a city to retain its rights to enforce its Unified Development Code.