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 Plaintiffs sought class action certification.



Property Owners filed suits in Texas state courts claiming that the flooding of their land by the State of Texas constituted a taking under the Takings Clause. The State removed the cases to federal court asserting federal question jurisdiction. The State moved to dismiss the takings claims, arguing that the Fifth Amendment does not create an implied cause of action, the State is immune from monetary liability, and some claims were barred by the limitations period. The district court denied the motion, finding that the Plaintiffs-Property Owners could advance their claims directly under the Takings Clause. The panel disagreed. The Fifth Amendment Takings Clause does not provide a right of action in federal court for takings claims against a state.

10/03/2023 Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Status Conference held on October 3, 2023. Judge Edison will issue an order staying and administratively closing the case until the United States Supreme Court issues a decision. Appearances: Daniel Henry Charest and Larry Vincent for Plaintiff, Lisa Mitchell and John Zuercher for Defendant (ERO: Yes), filed. (RubenCastro, 3) (Entered: 10/03/2023)



10/03/2023 153 ORDER STAYING CASE. Case terminated on 10/3/2023 (Signed by Magistrate Judge Andrew M Edison) Parties notified. (VanesaAranda, 3) (Entered: 10/03/2023)