Brownlow v. State

OPINION

FRANK C. PRICE, Senior Justice

(Assigned).

Appellants Charles Lynn Brownlow and Marlene H. Brownlow (“Brownlows”) appeal from the trial court’s granting of the State’s plea to the jurisdiction on June 26, 2007. They contend that the State has waived sovereign immunity in their inverse condemnation claim. The State responds that because the soil was properly disposed of in a previous condemnation proceeding, this rendered the Brownlows’ inverse condemnation claim defective and it is barred by sovereign immunity. We reverse and remand.

I. Factual and Procedural Background

On April 14, 2000,…