Legal Opinion
Kirby Lake Development, Ltd. v. Clear Lake City Water Authority
Texas Court of Appeals, 14th District (Houston)
Decided August 5, 2008No. 14-06-00924-CVPublishedCited by 26 opinions
1Opinion of the Court
MEMORANDUM OPINION
KEM THOMPSON FROST, Justice.
This is an appeal from the dismissal of inverse-condemnation claims filed by three developers against a water authority. We conclude that the facts alleged in the petition show an affirmative defense to the inverse-condemnation claims, namely that the developers consented to any alleged taking by the water authority. Accordingly, we affirm the trial court’s dismissal for lack of subject-matter jurisdiction.
I.Factual and PROCEDURAL Background
Appellants Kirby Lake Development, Ltd., Miter Development Co., and Taylor Lake, Ltd. (hereinafter…
2Cases cited18 opinions
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- County of Cameron v. BrownTexas Supreme Court · 2002
- Texas Department of Transportation v. JonesTexas Supreme Court · 1999
- General Services Commission v. Little-Tex Insulation Co.Texas Supreme Court · 2001
- Tooke v. City of MexiaTexas Supreme Court · 2006
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Zachry Construction Corporation v. Port of Houston Authority of Harris County, TexasTexas Supreme Court · 2014
- Clear Lake City Water Authority v. Friendswood Development Co., Texas Court of Appeals, 14th District (Houston)2011
- Frank and Shelley Thornton v. Northeast Harris County MUD 1, Texas Court of Appeals, 14th District (Houston)2014
- Texas A&M University, Mark Hussey, Ph.D. in His Official Capacity as Interim President of Texas A&M and David Vaught, Ph.D., Individually and in His Official Capacity as Department Head of Department History v. Ernest Starks, Ph.D., Texas Court of Appeals, 10th District (Waco)2016
- the City of Galveston, Texas v. Joe Murphy, Yoram Ben-Amram and Galtex Development, LLCCourt of Appeals of Texas · 2015
21 more not listed; retrieve them via the Exa API.