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Category: Takings

Constitutional Challenge, Declaratory Judgments, Sovereign Immunity, Takings

No takings can occur for seizure of cruelly treated puppies.

August 27, 2013rhenry12598Leave a comment

Chambers v. The State of Texas, 05-12-01178-CV (Tex. App. – Dallas, August 26, 2013). This is one of a collection of appeals arising from an animal cruelty proceeding the State filed against Chambers in justice court where over 100 animals were seized
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Annexation, Declaratory Judgments, Land Use, Litigation, Takings

General law City’s annexation proper despite lack of specific consent

August 23, 2013rhenry12598Leave a comment

Waterway Ranch, LLC v. City of Annetta, 02-12-00309-CV (Tex. App. – Fort Worth, August 23, 2013). This is a case challenging an annexation by the City of Annetta, a general law Type A municipality.  As a general law city, with certain exceptions,
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Constitutional Challenge, Declaratory Judgments, Takings

County road “highway lore” insufficient to make private roadway public.

August 22, 2013rhenry12598Leave a comment

Wallace v Kent County, No. 07-11-00427-CV (Tex. App. – Amarillo, August 21, 2013) This case involved a determination of whether a roadway is a private road or a public road by implied dedication and prescriptive easement. Wallace owns a ranch in Kent
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Agency, Constitutional Challenge, Litigation, Nuisance, Takings

Takings claims need not be brought within 30 days of structural standards appeal and law-of-the-case does not apply says Fourth Court.

August 14, 2013rhenry12598Leave a comment

Chin Wu v City of San Antonio, No. 04-10-00836-CV (Tex. Civ. App. – San Antonio August 14, 2013) This is a dangerous structure/takings opinion out of the San Antonio Court of Appeals.  This opinion withdrew the prior opinion issued on March 6,
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Board of Adjustment, Land Use, Takings, Zoning

Property owners’ claims not ripe because they failed to remedy deficiencies in plat application says Fourteenth Court of Appeals.

June 22, 2013rhenry12598Leave a comment

Riner v. The City of Hunters Creek, 14-12-00339-CV (Tex. App. – Houston [14th Dist.] June 20, 2013). This is a denial of a replat application where the court held the property owners did not pursue all avenues to remedy any deficiencies, so
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Constitutional Challenge, Declaratory Judgments, Nuisance, Takings

Low-income housing project foiled by changes to fire code

June 15, 2013rhenry12598Leave a comment

Comunidad Balboa, LLC v. The City of Nassau Bay, et al. 14-12-00619-CV (Tex. App. – Houston [14th Dist.] June 13, 2013). This is an appeal from a non-profit developer whose claims were dismissed in the City of Nassau Bay’s plea to the
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Declaratory Judgments, Litigation, Nuisance, Takings

Associations have standing to challenge Austin’s tunneling under parkland

June 9, 2013rhenry12598Leave a comment

  Spicewood Springs Road Tunnel Coalition, et al v City of Austin, et al., No. 03-11-00260-CV (Tex. App. – Austin June 6, 2013). This is more of a litigator case turning on the standing of several associations to challenge the City of
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Constitutional Challenge, Nuisance, Takings

Order to vacate for public safety equates to “public use” for takings analysis says 14th Court of Appeals.

May 4, 2013rhenry12598Leave a comment

Carleson, et al v City of Houston, NO. 14-12-00099-CV (Tex. App – Houston [14th Dist.] May 2, 2013). Plaintiffs owns several condominiums which the City determined were unsafe for habitation and which did not have certificates of occupancy (“C/O”).  After providing a
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Constitutional Challenge, Nuisance, Public Works, Sovereign Immunity, Takings

City possibly liable for flooding due to development

May 1, 2013rhenry12598Leave a comment

The City of Austin v GHI Investments, LLC f/k/a GHI Partners, LLC, 03-12-00189-CV (Tex. App. – Austin April 30, 2013). This is an interlocutory appeal from the denial of the plea to the jurisdiction relating to inverse condemnation claims for flooding (takings
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Takings

City not liable for destroying driveway to construction site

April 17, 2013rhenry12598Leave a comment

Agbolade O. Odutayo and Bonita Odutayo v. City of Houston, 01-12-00217-CV (Tex. App. –  Houston [1st Dist] April 16, 2013). The First District Court of Appeals affirmed the granting of a plea to the jurisdiction in this inverse condemnation suit regarding a
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle
  • First Court of Appeals says Sheriff properly alleged civil service commission violated TOMA
  • Texas Supreme Court holds condemnation objections at trial court must include the date filed with trial court clerk
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  • Texas Supreme Court holds recklessness standard may not apply to emergency responders under TTCA – only whether a law was violated
  • First District Court of Appeals holds tree limb falling from City truck constituted TTCA operation and use of motor vehicle

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