Westgate, Ltd. v. State

OPINION

PHILLIPS, Chief Justice.

Petitioners’ motion for rehearing is overruled. Our opinion of July 1, 1992, is withdrawn and the following is substituted in its place.

This is a condemnation case with a counterclaim by the landowner for inverse condemnation. The primary issue is whether a landowner may recover damages for inverse condemnation under Tex. Const, art. I, § 17 where the government has not physically appropriated, denied access to, or otherwise directly restricted the use of the landowner’s property. Our answer is no, and we affirm the judgment of the court of appeals. 798 S.W.2d…