Constitutional Challenge, Eminent Domain, Takings

In this condemnation case the Texas Supreme Court held it was harmful error to exclude the property owner’s evidence on project diminishment

CAFFE RIBS, INCORPORATED v. STATE OF TEXAS 14-0193 (Tex. April 1, 2016) This is a condemnation case where the Texas Supreme Court held the property owners were entitled to admit evidence regarding the State’s interference with mitigating property to improve value. Caffe
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Constitutional Challenge, Declaratory Judgments, Injunction, Land Use, Litigation, Nuisance, Official/Qualified Immunity, Sovereign Immunity, Takings, TOMA, Ultra Vires

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 of a
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Constitutional Challenge, Litigation, Procedure, Structural Standards, Takings

Failure to appeal demolition order prohibits apartment owners from bringing a takings claim says Fort Worth Court of Appeals

1707 New York Ave., LLC v. City of Arlington, 02-14-00259-CV (Tex. App. – Fort Worth, October 22, 2015). This is a structural standards/constitutional takings case where the Fort Worth Court of Appeals affirmed the granting of the City’s plea to the jurisdiction.
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Constitutional Challenge, Declaratory Judgments, Eminent Domain, Litigation, Procedure, Takings

Fort Worth Court of Appeals upholds jury award for partial taking and partial implied dedication in inverse-condemnation case

City of Justin, Texas v. Rimrock Enterprises, Inc., 02-13-00461-CV (Tex. App. – Fort Worth, April 2, 2015) This is an inverse-condemnation suit where the Fort Worth Court of Appeals affirmed in part and reversed in part an award for the property owner.
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Constitutional Challenge, Declaratory Judgments, Land Use, Litigation, Procedure, Sign Regulation, Takings

Changing tri-display billboard to LED billboard is a reconstruction and not merely a change in “electrical wiring or devices” so required a permit

Garrett Operators, Inc. v. City of Houston, 01-13-00767-CV (Tex. App. – Houston [1st Dist.], January 22, 2015) Garrett Operators, Inc. (“Garrett”) filed a declaratory judgment action against the City of Houston (“the City”) regarding the application and interpretation of the City’s Sign
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