LAKEWAY, Texas (KXAN) — The Lakeway City Council voted Tuesday night to deny a request from a daycare owner for a special permit to run the daycare out of her home.

Council voted 4-3 to deny the request from Bianca King.

King launched her at-home daycare in March 2020. Her home is near a golf course. A few months after she launched the service, she said started hearing about complaints from nearby golfers.

“The City of Lakeway called me and said I needed to apply for an additional home-use permit,” said King in February 2022.

King had a permit from the Department of Licensing but needed an additional permit from Lakeway’s Zoning and Planning Commission.

Commission members denied that permit and their decision was upheld by the Board of Adjustments.

King sued in February saying Lakeway’s ordinance as it stood deprives people of ways to earn an honest living from their homes.

In late March, the city allowed King to continue operating her at-home daycare, as the lawsuit was pending.

According to a staff memo presented to council members Tuesday night, Lakeway’s Code of Ordinance was amended on August 1 and the Zoning and Planning Commission recommended the council approved King’s permit request.

The law firm Institute for Justice, which says it represents King in the lawsuit, told KXAN the lawsuit would have been “effectively ended” if council would have approved the permit and “Bianca will be allowed to operate her day care without fear of fines or criminal punishment.”