Vulcan Materials Company v. The City of Tehuacana

E. GRADY JOLLY, Circuit Judge:

Vulcan Materials Company (“Vulcan”) owns a land lease with the right to mine limestone. The problem is that a substantial part of the land and the mining is within the boundaries of the City of Tehua-cana (“the City”) in Limestone County, Texas. The City passed an Ordinance in 1998 forbidding quarrying or mining activities within the City limits. Vulcan contends that the Ordinance constitutes a public taking and violates its rights under both the United States and Texas Constitutions. All that remains to be decided in this appeal, however, is the propriety of the…