Property owners cannot sue on City’s right to amend deed restrictions on lots it owns or create City park; increased traffic and noise cannot be basis for inverse condemnation claim

The City of Friendswood and Kevin Holland v. Paul and Carolyn Horn, et al., 01-15-00436-CV (Tex. App. – Houston [1st Dist.], February 11, 2016). This is essentially an inverse condemnation case where the First Court of Appeals reversed the denial … Continue reading

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City can sue for damages to property values due to nuisance for acts occurring outside ETJ says Amarillo Court of Appeals.

  Town of DISH, et al v. Enbridge Gathering (North Texas) L.P., et al.,  07-13-00391-CV (Tex. App. – Amarillo, June 1, 2015) This is a consolidation of three separate cases with multiple parties and multiple defendants with certain procedural complexities. … Continue reading

No-evidence summary judgment is improper vehicle to make jurisdictional challenge says 14th Court of Appeals

Frank and Shelley Thornton v. Northeast Harris County MUD 1, 14-13-00890-CV (Tex. App. – Houston [14th dist.], July 24, 2014). This is an interlocutory appeal in a condemnation case where the property owner filed counter-claims. The Houston Court of Appeals … Continue reading

Appellant did not submit court records, so waived takings and structural standards appeal

Samuel T. Russell v. City of Dallas, 05-13-00061-CV (Tex. App. – Dallas, May 16, 2014). This is a substandard building case where Russell challenged the demolition of a building on his property and brought a takings claim against the City. … Continue reading

Takings claim can be heard in appeal from demolition order says Waco Court of Appeals

City of Bryan/Building and Standards Commission v. Kenneth Cavitt, 10-13-00259-CV (Tex. App. – Waco, May 8, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a structural standards case. The Waco Court of … Continue reading

Knowledge of preventable damage does not equal intent to damage under Takings claim says 4th Court of Appeals

    San Antonio Water System v. Robert Overby and Teresa Overby, 04-13-00364-CV (Tex. App. – San Antonio, March 19, 2014) This is an interlocutory appeal from the denial of a plea to the jurisdiction in a flooding case which … Continue reading