Legal Opinion

City of Houston v. James & Elizabeth Carlson

Texas Supreme Court

Decided December 23, 2014No. 13-0435PublishedCited by 61 opinions

1Opinion of the CourtJustice Brown

A group of former condominium owners brings this inverse-condemnation action against the City of Houston, alleging their property was taken when the city ordered residents to vacate the condominium complex. The trial court sustained a plea to the jurisdiction after concluding the owners had not alleged a taking. The court of appeals reversed, and we granted the city’s petition for review. Having considered the record and relevant law, we agree with the trial court that the claim must be dismissed.

I

In 2007, a private dispute arose among members of a homeowners association. Park Memorial was a…

2Cases cited24 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  3. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  4. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  5. Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005

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3Cited by61 opinions

  1. Schmitz v. Denton Cnty. Cowboy ChurchCourt of Appeals of Texas · 2018
  2. CPM Trust, KLM Secure Trust and Ralph (Deceased) and Muriel Pinkus, LLC v. City of Plano, Texas and the Board of Adjustment of the City of Plano, Texas, Texas Court of Appeals, 5th District (Dallas)2015
  3. FLCT, Ltd. v. City of FriscoCourt of Appeals of Texas · 2016
  4. City of Socorro, Texas v. Samuel Campos, Manuel Cobos, Leticia Duran, Gloria Elmore, Isela Encerrado, Arturo Galindo, Patricia Gardea, Dario Garduno, Obed Gonzalez, Gabriel Gutierrez, Rene Hernandez, Concepcion Jimenez, Manuel Juarez, Lorenzo Lara, Eriqueta Lopez, Texas Court of Appeals, 8th District (El Paso)2016
  5. County of El Paso v. NayarCourt of Appeals of Texas · 2015

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