Legal Opinion

City of El Paso v. Madero Development

Texas Court of Appeals, 8th District (El Paso)

Decided January 30, 1991No. 08-89-00322-CVPublishedCited by 68 opinions

1Opinion of the Court

OPINION

WOODARD, Justice.

This is an appeal from a $871,200.00, plus interest, judgment against the City and its planning commission based upon inverse condemnation of property by rezoning. The jury established the amount of damages, and the trial court determined a “taking” as a matter of law. We reverse and render.

Point of Error No. One alleges the trial court erred in failing to apply the ripeness doctrine.

In September of 1980, the landowner filed its preliminary plat with the City Plan Commission. Phase One of the plan, consisting of 1.87 acres, received preliminary approval subject to…

2Cases cited15 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. MacDonald, Sommer & Frates v. Yolo CountySupreme Court of the United States · 1986
  4. French v. BrownTexas Supreme Court · 1967
  5. Mayhew v. Town of Sunnyvale, Texas Court of Appeals, 5th District (Dallas)1989

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3Cited by68 opinions

  1. Mayhew v. Town of SunnyvaleTexas Supreme Court · 1998
  2. Patterson v. Planned Parenthood of Houston and Southeast Texas, Inc.Texas Supreme Court · 1998
  3. Toigo v. Town of RossCalifornia Court of Appeal · 1998
  4. City of Paris and Kevin Carruth v. Ranger Abbott, Texas Court of Appeals, 6th District (Texarkana)2011
  5. West Texas Water Refiners, Inc. v. S & B Beverage Co., Texas Court of Appeals, 8th District (El Paso)1996

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

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