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<br />:( <br /> <br />November 1, 20071 Volume 11 No. 21 <br /> <br />') However, zoning ordinances enjoyed a presumption of constitu- <br />tionality. The court noted that a challenger bore "the frequently in- <br />surmountable task of demonstrating beyond a reasonable doubt that <br />the ordinance possesse[d] no rational basis to any legitimate mu- <br />nicipal objective." Courts would not interfere with a municipality's <br />exercise of police power "unless the illegality of the exercise [was] <br />clear." If the court found any rational basis that supported the ordi- <br />nance, the challenge failed. <br />The stated purpose of the ordinance banning numerous defective <br />vehicles was "to protect and foster the health, safety and well being <br />of persons in the Town for the protection of their property rights <br />and to beautify the landscape and otherwise promote the public in- <br />terest." The town chairman had testified that an accumulation of <br />tires and vehicle parts could foster vermin or insect infestation, and <br />the dilapidated mobile homes and many of the vehicles were visible <br />from the road. <br />Even without these conditions, preservation of property values <br />was a rational basis for an ordinance. Because the ordinances bore <br />a reasonable relationship to their stated goals, the decision d~nying <br />) Hodgell's request to stay the removal of the trailers and junked ve- <br />hicles was upheld. <br /> <br />See also: Brandmiller v. Arreola, 189 Wis. 2d 215, 525 N. W.2d <br />353 (Ct. App. 1994), decision af{'d, 199 Wis. 2d 528, 544 N. W.2d <br />894 (1996). <br /> <br />Vested Right-Property owners asks court to declare <br />vested right in development prior to annexation <br /> <br />City placed restrictions on development after annexing land <br /> <br />Citation: City of Helotes v. Miller, 2007 WL 2846400 (Tex. App. <br />San Antonio 2007) <br /> <br />TEXAS (10/03/07)-Miller owned land located outside the limits <br />of the city of Helotes. In September 2004, Miller contracted to sell <br />some of the land to Wal-Mart Stores Texas, L.P. <br />Wal-Mart, acting as Miller's agent, applied for licenses and per- <br />mits and entered into service contracts for developing the property. <br />At some point thereafter, the city began annexation proceedings on <br />the property and passed interim development controls. In August <br />2005, the city passed a resolution opposing "the development of a <br />Wal-Mart, or other 'big box' department store within the municipal <br />corporate limits or the extraterritorial jurisdiction" of the city. <br /> <br />9 <br /> <br />45 <br />