Texas Inverse 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)

The State of Texas v. Marco Antonio Moreno

<center><h2> Houston, Texas â€“ Criminal Defense lawyer represented defendant with a aggravated assault with a deadly weapon charge. </center></h2></center On April 18, 2012, a grand jury indicted Moreno for aggravated assault with a deadly weapon (the "assault chargeâ€). The same day, the grand jury also indicted Moreno on an unrelated... More...

$0 (11-24-2022 - 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

<center><h2> Houston, Texas â€“ Civil Litigation lawyer represented Appellants with seeking injunctive and declaratory relief barring the performance of a contract. </center></h2></center> The contract that is the subject of this appeal is the Galveston Mardi Gras Promoter Agreement 2016-18 (the "Contractâ€) regarding the City's selection o... 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

<center><h2> Houston, Texas â€“ Civil Litigation lawyer represented Appellant with rather governmental entity is immune from a suit to condemn a portion of its property for an easement. </center></h2></center> A. The Pipeline Project Magellan Pipeline Company, LP and V-Tex Logistics, LLC are pipeline companies, and each owns its own pipeline... 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

<center><h2> Eastland, TX - Criminal defense attorney represented Gerardo Sanchez with appealing from the trial court's order dismissing his lawsuit for want of prosecution. charge.</h2></center> 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 C... More...

$0 (02-26-2021 - TX)

Frank Enns, Jr. v. The State of Texas

<h2>Hempstead, Texas - Criminal defense lawyer represented defendant Frank Enns, Jr. charged with possession with intent to deliver methamphetamine in the amount of 400 grams or more.</h2> The Surveillance Captain R. Garrett, an officer with the Waller County Sheriff’s Office with over 29 years of experience in narcotics, testified ... More...

$0 (10-24-2020 - TX)

Alfredo Zapien-Garcia v. The State of Texas

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Never Miss Another Call Don't Wait - Call 918-582-6422 Today! </h1> </center> The following summary comes from the testimony and other evidence at trial.<br... More...

$0 (06-26-2019 - TX)

Ex parte Marina Urbina

<center> <img width="300" src=" https://media.istockphoto.com/photos/medical-marijuana-buds-on-black-background-picture-id483300738?k=6&m=483300738&s=612x612&w=0&h=W39WC9gxCTX7Q0_2RqhQJoO-H4g2NNTQqhQG-Wb0QLM= "> <h2>Sooner Cannabis Consultants</a> <center><a href="http://www.morelaw.com/vendors/vendor.asp?f=Ed&l=Couse&i=28585&z=74103&s=OK" target="_new">Click Here For... More...

$0 (02-05-2019 - TX)

Dre Jacobo v. The State of Texas <table> <td>

Following his guilty plea, appellant was placed on deferred-adjudication community supervision for a period of ten years. The State later filed an “Original Motion to Revoke Probation.” The motion alleged that appellant committed several violations of his community supervision conditions, including failing to: comply with sex offender registration requirements; report to his probation offic... More...

$0 (08-12-2018 - TX)

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

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 alon... More...

$0 (05-30-2018 - TX)

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

After wastewater pumps in their neighborhood failed during a heavy rainfall, four homeowners sued the pumping facility operator, alleging that the operator’s negligence caused wastewater to flood their homes. The trial court granted summary 2 judgment. The homeowners appeal, contending that they adduced evidence that raises a fact issue as to each element of their negligence claim. Becau... More...

$0 (02-15-2018 - TX)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company

This case involves several issues of Texas law relating to an insurer’s 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 th... More...

$0 (12-25-2017 - TX)

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

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 remo... More...

$0 (11-15-2017 - TX)

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

This appeal arises out of a dispute between a city and property owners in connection with the city’s 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, li... 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. 2 inspections, and unlawful taxes im... More...

$0 (08-10-2017 - TX)

Robert Holmes v. Craig Cassel

Appellant Robert Holmes appeals from the trial court’s 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 2 and Cassel filed cross-claims against each other, with each arguing th... More...

$0 (08-08-2017 - TX)

Miguel Medina Pastenes v. The State of Texas <table> <td>

Pastenes’s application seeking habeas relief came more than 17 years after his conviction. Despite completing two years of community supervision, Pastenes now contends that he is suffering the consequences of his plea of guilty and that his liberty is restrained because he is subject to removal from the United States. Pastenes’s application states that he is a citizen of Mexic... More...

$0 (07-16-2017 - 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 o... 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)

The State of Texas v. Robert Luther Trevino

Robert Luther Trevino was charged with misapplication of trust funds in an amount of $500 or more with an intent to defraud. See Tex. Prop. Code §§ 162.031(a) (setting out elements of offense), .032(b) (specifying that offense is third-degree felony if person misapplies “$500 or more . . . with intent to defraud”). Trevino and the State entered into a plea-bargain agreement in<... More...

$0 (06-24-2016 - TX)

The State of Texas v. Connie Torrez

One night in July 2014, Jeremy West, a sergeant with the Lake Worth Police Department, was in his patrol car and was stopped at an intersection when he saw a car approaching from his right side. Appellee was the driver of that car, and she was approximately one hundred yards away from Sergeant West when he first saw her car. As Sergeant West looked right, he saw that one ... More...

$0 (05-15-2016 - TX)

Taylor Martin Korb v. The State of Texas

On August 28, 2014, at 12:04 AM, Officer A. Galvan of the Pasadena Police Department received a dispatched call from a resident reporting that he had seen a light-colored small truck circling an area between Orchard Mountain Drive and Roaring Rapids streets that the resident thought was suspicious. The caller provided his contact information, name, and location, and said the tr... More...

$0 (05-15-2016 - TX)

Ex parte Julio Gialito Aruizu

On May 4, 2002, Houston Police Department (“HPD”) Officer T. Burks was dispatched to appellant’s residence “in reference to a possible family disturbance.” At the scene, the complainant, appellant’s common-law wife, told Burks that appellant had assaulted her, struck her several times, “grabbed her around the neck and throat,” “choked her,” and “grabbed h... More...

$0 (04-20-2016 - TX)

Juan Reyna v. The State of Texas

On February 20, 2013, Agent Roberto Montalvo of the Texas Department of Public Safety—Criminal Investigations Division received a tip from a woman that lives in the neighborhood who identified herself by name that a male subject was regularly distributing narcotics on Harold Street near the intersection with Carol Street in Corpus Christi. That same day, Montalvo drove to Ha... More...

$0 (02-04-2016 - 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)

Preston A. Tate v. Herman Short

Petitioner accumulated fines of $425 on nine convictions in the Corporation Court of Houston, Texas, for traffic offenses. He was unable to pay the fines because of indigency1 and the Corporation Court, which otherwise has no jurisdiction to impose prison sentence,2 committed him to the municipal prison farm according to the provisions of a state statute and municipal ordinance3 whch required tha... More...

$0 (03-02-1971 - 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... 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 American’s constitutional takings claims against the taxing authorities involved in ... More...

$0 (09-03-2015 - TX)

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

Appellant, Kosoco, Inc., challenges the trial court’s 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... 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)

Austin Jockey Club, Ltd. v. Dallas City Limits Property Co., L.P.

In two issues, appellant Austin Jockey Club, Ltd. (AJC) contends the trial court erred by granting a declaratory judgment that AJC's termination of a stock purchase agreement with appellee Dallas City Limits Property Co., L.P. (DCL) was wrongful and ineffective and by awarding attorney's fees to DCL. We affirm the trial court's judgment. Factual Background In August 2005, Longhorn Downs, I... More...

$0 (06-05-2015 - TX)

Valley Regional Medical Center v. Maria Guadalupe Camacho

In this appeal, we are once again faced with the "knottyâ€ issue of whether a plaintiff's claim is a health care liability claim ("HCLCâ€) under the Texas Medical Liability Act ("TMLAâ€) and therefore subject to that statute's expert report requirement. See TEX. CIV. PRAC. & REM. CODE ANN. Â§ 74.351 (West, Westlaw through 2013 3d C.S.); Loaisiga v. Cerda, 379 S.W.3... More...

$0 (05-14-2015 - 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-matter ... 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 Demolitionâ€) 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)