Texas Condemnation Law
 

United States of America v. Mary Francis Chupck Bennett

Brownsivlle, Texas condemnation lawyers represented the Defendant in in eminent domain case.

Bennett contends that the government exceeded the scope of its easement
when it built the wall, that she therefore owns the wall, and that as a result
she is entitled to just compensation for the value of the wall. Bennett sought
to present expert testimony regarding the value of the w... More...
   $0 (07-24-2025 - TX)

The City Keller v. John W. Wilson, et al.

Fort Worth, Texas civil litigation lawyers represented the parties in a planning and zoning case.

The City of Keller is one of several fast-growing communities on the outskirts of Fort Worth.1 As part of that growth, the City approved plans for two new subdivisions, Estates of Oak Run and Rancho Serena, including plans for storm water drainage.

The Wilsons own property southeast... More...
   $0 (01-28-2025 - TX)

Richard & Wendy Devillier, et al. v. State of Texas

Houston, Texas personal injury lawyers represented the Plaintiff who sued the Defendants on a taking of private property without just compensation (inverse condemnation) in violation of the Texas and United States Constitutions.

This case was filed in the 253rd Judicial District Court of Chambers County, 20-DCV-0300, and was removed to the federal court by the State of Texas.

The... More...
   $0 (04-10-2023 - TX)

Richard DeVillier, et al. v. State of Texas

Houston, Texas eminent domain lawyers represented Plaintiffs who sued Defendant on an inverse condemnation theory.

This case was filed in the 253rd Judicial District Court of Chambers County, 20-DCV-0300, and was removed to federal court by the State of Texas.

Property Owners filed suits in Texas state courts claiming that the flooding of their land by the State of Texas constitu... More...
   $0 (03-23-2023 - TX)

Allen Flores; Shark Ventures, Inc. d/b/a Shark Shack; Bliss, Inc. d/b/a Bliss Lounge; and Barfly Lounge, Inc. d/b/a Playground Patio Bar v. The City of Galveston, Texas and Yaga's Entertainment, Inc. and Brian Maxwell, in his Official Capacity only

Houston, Texas – Civil Litigation lawyer represented Appellants with seeking injunctive and declaratory relief barring the performance of a contract.



The contract that is the subject of this appeal is the Galveston Mardi Gras
Promoter Agreement 2016-18 (the “Contract”) regarding the City’s selection of More...
   $0 (11-23-2022 - TX)

Harris County Fresh Water Supply District No. 61 v. Magellan Pipeline Company, L. P. and V-Tex Logistics LLC

Houston, Texas – Civil Litigation lawyer represented Appellant with rather governmental entity is immune from a suit to condemn a portion of its property for an easement.



A. The Pipeline Project
Magellan Pipeline Company, LP and V-Tex Logistics, LLC are pipeline
companies, and each owns its own pipeline syst... More...
   $0 (11-23-2022 - TX)

United States of America v. Asher Abid Khan

Houston, Texas criminal defense attorney represented defendant charged with supporting a designated foreign terrorist organization.

Asher Abid Khan pleaded guilty Dec. 4, 2017, to providing material support to the Islamic State of Iraq and the Levant (ISIL) aka ISIS (the Islamic State of Iraq and al-Sham).

On June 25, 2018, U.S. District Judge Lynn H. Hughes downwardly departed f... More...
   $0 (12-22-2021 - TX)

Gerardo Sanchez v. City of Snyder, Texas

Eastland, TX - Criminal defense attorney represented Gerardo Sanchez with appealing from the trial court’s order dismissing his lawsuit for want of prosecution. charge.



On May 14, 2014, Appellant filed suit against the City of Snyder for inverse
condemnation related to a vacant mobile home that the City demolished. The... More...
   $0 (02-26-2021 - TX)

Patsy B. Anderton, Individually and d/b/a A-1 Grass, Sand and Stone, and Doyle Anderton v. City of Cedar Hill, Texas

This case appears before this Court following an earlier remand to the trial court. See
Anderton v. City of Cedar Hill, 447 S.W.3d 84, 87 (Tex. App.Dallas 2014, pet. denied). Because
the procedural history of this case is well-known to the parties, we focus only on those facts
relevant to this appeal.
In 2000, the City adopted a Comprehensive Plan to implement changes along ... More...
   $0 (05-30-2018 - TX)

Kye and Denise Knox and Raymond and Jacqueline Muckleroy v. Eagle Water Management, Inc.

Harris County Courthouse - Houston, Texas

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operators negligence caused wastewater to flood their homes. The trial court granted summary
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judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Because... More...
   $0 (02-15-2018 - TX)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company

Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurers duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the ... More...    $0 (12-25-2017 - TX)

Garden Oaks Maintenance Organization v. Peter S. Chang and Katherine M. Chang

Harris County Courthouse - Houston, Texas

This case involves the attempted enforcement of a deed restriction against building more than a single one-car or two-car garage on a property located in the Garden Oaks, Section 3, Subdivision (the Subdivision). Appellant Garden Oaks Maintenance Organization (GOMO) filed suit against appellees Peter S. Chang and Katherine M. Chang seeking a permanent injunction to have the Changs remove
2... More...
   $0 (11-15-2017 - TX)

Frank A. Trevino and Sidelia Trevino v. The City of Pearland

Brazoria County Courthouse - Angelton, Texas

This appeal arises out of a dispute between a city and property owners in
connection with the citys land acquisition. The owners of one piece of property
conveyed a portion of their property to the city for an agreed-upon price. When the
city and the property owners clashed over the amount the city would pay the owners
for expenses related to the relocation of their business, liti... More...
   $0 (08-24-2017 - TX)

City of Bedford, Texas v. Apartment Association of Tarrant County, Inc.

The Apartment Association of Tarrant County, Inc. is a trade association
whose members include multifamily-property owners in Bedford, Texas. In this
suit, the Association is representing and advocating for its members interests by
seeking to protect them from what it alleges are excessive fees, too-frequent
1See Tex. R. App. P. 47.4.
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inspections, and unlawful taxes impo... More...
   $0 (08-10-2017 - TX)

Robert Holmes v. Craig Cassel

Appellant Robert Holmes appeals from the trial courts grant of summary judgment in favor of appellee Craig Cassel. This suit began as a condemnation suit against Holmes, Cassel, and others regarding a tract of land in Houston. Proceeds from the condemnation sale were deposited into the registry of the court. Holmes
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and Cassel filed cross-claims against each other, with each arguing that... More...
   $0 (08-08-2017 - TX)

City of Willis, Leonard Reed, in His Official Capacity as the (Mayor)of the City of Willis, James Nowak , in His Official Capacity as Chief of Police of the City of Willis, Hector Forestier, in His Official Capacity as City Manager of the City of Willis v. Luis Garcia, et al

This is an accelerated appeal of an interlocutory order denying a plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. 51.014(a)(8) (West Supp. 2016); Tex. R. App. P. 28.1(a). Appellants, the City of Willis (the City), Leonard Reed in his official capacity as Mayor of the City, James Nowak in his official
2
capacity as Chief of Police of the City, and Hector Forestier in his of... More...
   $0 (07-06-2017 - TX)

City of Rollingwood, Texas v. Owen Brainard and Sally Brainard

This case arises from flooding on property belonging to Owen and Sally Brainard
that the City of Rollingwood allegedly caused. The Brainards sued the City for an intentional
constitutional taking. The City filed a plea to the jurisdiction, and the trial court denied the plea.
In its sole appellate issue, the City contends that the trial court erred in denying its plea to the
jurisd... More...
   $0 (05-31-2017 - TX)

Walter B. Saner v. BridgeTex Pipeline Company, LLC

BridgeTex is a limited liability company engaged in the location and construction of a pipeline in Texas for the transportation of crude petroleum. The pipeline is intended to transport crude petroleum from the Permian Basin to the Texas Gulf Coast. In January 2013, the Texas Railroad Commission designated BridgeTex as a common carrier and granted it a T-4 permit. Pursuant to its designation as... More...    $0 (07-21-2016 - TX)

American Homeowner Pres. Fund, LP v. Pirkle

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property *2purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing American's constitutional takings claims against the taxing authorities involved in the forecl... More...    $0 (11-28-2015 - TX)

W&T Offshore, Inc. v. Apache Corporation

The parties tried this contract dispute to a jury in December 2014 after three years of
litigation. The jury found that the plaintiff, W &T Offshore, Inc., failed to show that the defendant,
Apache Corporation, had breached the parties' Production Handling Agreement. Apache filed a bill
of costs seeking more than $650,000, including over $500,00 in fees for its expert witnesses to a... More...
   $0 (11-18-2015 - TX)

Union Pacific Railroad Company v. Charles Seber and Barbara Seber

Charles and Barbara Seber sued Union Pacific Railroad Company
contending that it wrongfully removed the Sebers private railroad crossing. The
Sebers claimed a right to use the crossing pursuant to an implied easement by prior
use. The trial court granted summary judgment in favor of the Sebers, declaring
that the Sebers have a right to use the crossing and ordering Union Pacific t... More...
   $0 (09-10-2015 - TX)

American Homeowner Preservation Fund, LP v. Brian J. Pirkle, Tarrant County, Tarrant County Hospital District, City of Sansom Park, and Tarrant County Community College District

In three issues, Appellant American Homeowner Preservation Fund, LP (American) appeals a judgment declaring null and void its lien on property
2
purchased by Appellee Brian J. Pirkle at a tax-foreclosure sale, declaring null and void a note executed by Cathy Lewis1 and secured by the property, dismissing Americans constitutional takings claims against the taxing authorities involved in th... More...
   $0 (09-03-2015 - TX)

Kosoco, Inc. v. Metropolitan Transit Authority of Harris County

Appellant, Kosoco, Inc., challenges the trial courts order dismissing, for lack of jurisdiction, its inverse-condemnation claims1 against appellee, Metropolitan Transit Authority of Harris County (Metro). In three issues, Kosoco contends that the trial court erred in dismissing its lawsuit.
We affirm.
Background
In its original petition, Kosoco alleged that, since 1980, it has opera... More...
   $0 (08-20-2015 - TX)

Enbridge G & P (East Texas) L.P. v. Ben Samford and wife Bette Ann Samford, Cecil Jackson and wife Michelle Jackson and Sammy Monk

This is a condemnation case involving three tracts of land with separate ownership. Enbridge G & P (East Texas) L.P. appeals an award of damages in favor of the landowner condemnees, Ben Samford and wife, Bette Ann Samford; Cecil Jackson and wife, Michele Jackson; and Sammy Monk. In six issues, Enbridge complains of charge error and the failure of the trial court to exclude inadmissible damage tes... More...    $0 (07-31-2015 - TX)

Osama Abdullatif v. Erpile, LLC and Ali Choudhri

In this appeal from the judgment of a Harris County civil court at law, no
one challenges the trial court’s judgment regarding the original plaintiff’s claim
against the original defendant. Instead, the defendant argues that the trial court
lacked subject-matter jurisdiction over the intervenor’s claims. We agree. We
additionally conclude that the trial court lacked subject-m... More...
   $0 (03-12-2015 - TX)

Eddie Lerma v. Border Demolition & Environmental, Inc.

Appellant Eddie Lerma, challenges a jury verdict and subsequent judgment holding him liable to Appellee Border Demolition & Environmental, Inc. (“Border Demolition”) for breach of an oral demolition contract and attorneys’ fees. We affirm.
BACKGROUND
Factual History
On May 28, 2008, the City of El Paso condemned a house and detached garage located at 7429 Rose Lane Circle in El P... More...
   $0 (02-20-2015 - TX)

City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor... More...
   $0 (02-12-2015 - TX)

City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor... More...
   $0 (02-12-2015 - TX)

Harry M. Whittington, et al. v. City of Austin, et al.

The City elected to take property belonging to the Whittingtons. As part of the process,
the City paid a deposit into the registry of the trial court, and the deposit was later placed in an
investment account with the permission of the parties. After the supreme court determined that the
condemnation of the property was proper, the district court awarded the investment income to theMore...
   $0 (01-29-2015 - TX)

The City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLC

Appellees Joe Murphy, Yoram Ben-Amram, and Galtex Development, LLC1 sued the City of Galveston, claiming that the City unconstitutionally took their property without just compensation through inverse condemnation. The City filed a plea to the jurisdiction, which the trial court denied. The City timely filed this
1 We refer to the appellees collectively as the “Property Owners.”
interlo... More...
   $0 (01-13-2015 - TX)

Gerald Lynn Clark and Jo Ann Clark v. Titus County, Texas

Titus County plans to construct a highway through the middle of 21.02 acres of land owned by Gerald Lynn Clark and Jo Ann Clark and, to accomplish its plan, is pursuing condemnation of a 6.193-acre strip that would leave the Clarks with two separated remnant tracts. The appeal before us concerns the value of the taking and comes from a summary judgment in favor of the County. We reverse the summar... More...    $0 (09-19-2014 - TX)

Patsy B. Anderton, et al v. City of Cedar Hill, Texas

In this summary judgment proceeding, the City of Cedar Hill (the “City”) filed suit
against appellees Pasty B. Anderton and Doyle Anderton, individually and d/b/a A-1 Grass Sand
and Stone (“the Andertons”) regarding the alleged nonconforming use status of property,
specifically Lot 5, owned by the Andertons. The trial court granted summary judgment in favor
of the City rega... More...
   $0 (08-22-2014 - TX)

Appaloosa Development, LP and Lubbock Water Rampage v. City of Lubbock, Texas

Appellants, Appaloosa Development, LP, and Lubbock Water Rampage, LLC (collectively, “Appaloosa”), appeal a final judgment following a bench trial in which the trial court concluded that Appaloosa take nothing by their inverse condemnation suit. We will affirm.
2
Factual and Procedural Background
Appaloosa Development, LP, is a Texas limited partnership that was formed for the prim... More...
   $0 (08-16-2014 - TX)

The State of Texas v. Rodger A. Johnson, et al

This is a condemnation case. The State of Texas appeals an adverse judgment in favor of the landowner, Rodger A. Johnson, which was entered following a jury verdict. In five issues, the State argues the trial court erred by finding the condemnation would result in a material and substantial impairment of access to Johnson’s property; creating an exception to the rule that circuity of travel is n... More...    $0 (08-06-2014 - TX)

Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons... More...    $0 (07-24-2014 - TX)

Farabi, Inc. v. Harris County, Texas

This case arises out of the condemnation of appellant Farabi, Inc.’s property by appellee Harris County. Farabi appeals the trial court’s grant of the County’s motion for partial summary judgment. Farabi argues that the County failed to meet its burden to prove as a matter of law it was entitled to summary judgment because it did not establish that the condemnation of all of Farabi’s prope... More...    $0 (07-24-2014 - TX)

Harstan LTD, a Texas Limited Partnership, and TBI, Inc., General Partner of Harstan, LTD. v. Si Kyu Kim, Individually, and Sarah Kyung-Al Kim, Individually

In this statutory fraud action involving the “as is” sale of commercial real property,
Harstan, Ltd. and TBI, Inc., (collectively, “Harstan”) appeal the trial court’s judgment in favor of
Si Kyu Kim and Sarah Kyung-Al Kim (collectively, “the Kims”). In three issues, Harstan
argues that the “as is” nature of the sale precludes the Kims from recovering on their claim an... More...
   $0 (07-25-2014 - TX)

Gene Smirl d/b/a Gene's Pearland Exxon and Gene Smirl d/b/a Pearland Motor Company v. The State of Texas and RMJ Miller Real Estate Holdings, Ltd.

Appellant, Gene Smirl, doing business as “Gene’s Pearland Exxon” and “Pearland Motor Company” (“Smirl”), challenges the trial court’s rendition of

2

summary judgment in favor of appellee, RMJ Miller Real Estate Holdings, Ltd. (“RMJ”),1 in Smirl’s suit against RMJ to recover a portion of condemnation proceeds for the value of his lost leasehold interest in the su... More...
   $0 (06-03-2014 - TX)

Alma Richardson v. Texas Workforce Commission and Fort Bend County, Texas

This appeal arises out of a lawsuit Alma Richardson filed to challenge a Texas Workforce Commission (TWC) decision denying her unemployment benefits. Richardson appeals the trial court’s order granting pleas to the jurisdiction

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in favor of TWC and her former employer, Fort Bend County, Texas. In one issue, Richardson contends that the trial court erred in dismissing her case ... More...
   $0 (06-05-2014 - TX)

Texas Department of Public Safety v. Merardo Bonilla

The Texas Department of Public Safety (DPS) challenges the trial court’s denial of its immunity-based plea to the jurisdiction and summary judgment motions. For the reasons that follow, we affirm.

FACTUAL SUMMARY

This case concerns a traffic accident that occurred in El Paso on February 19, 2010, when Trooper Cesar Cruz ran a red light while pursuing a speeder and struck a vehicle ... More...
   $0 (05-30-2014 - TX)

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