Legal Opinion

Palacios Seafood, Inc. v. Piling, Inc., and Matagorda County Navigation District Number One

Court of Appeals for the Fifth Circuit

Decided December 1, 1989No. 89-2078PublishedCited by 14 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

We are asked to decide whether article I, section 17 of the Texas Constitution (“section 17”) requires the state to provide compensation to a privately-owned business for damages suffered incident to a waterfront restoration project. The project was undertaken to abate ground erosion that had destabilized the plaintiff’s waterfront building, in particular, and other property located along a seafront basin, in general.

The instant suit is not a traditional “inverse condemnation” action, as where private property owners are forced to sue a sovereign in order to…

2Cases cited16 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Singleton v. WulffSupreme Court of the United States · 1976
  4. Hormel v. HelveringSupreme Court of the United States · 1941
  5. Armstrong v. United StatesSupreme Court of the United States · 1960

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1998
  2. Green International, Inc. v. StateCourt of Appeals of Texas · 1994
  3. Alcorn v. Vaksman, Texas Court of Appeals, 1st District (Houston)1994
  4. Smith v. Lutz, Texas Court of Appeals, 3rd District (Austin)2004
  5. In re Hopson Marine Transportation, Inc.District Court, E.D. Louisiana · 1996

9 more not listed; retrieve them via the Exa API.

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