Hallco Texas, Inc. v. McMullen County

delivered the opinion of the Court as to Parts I, II, III.B, and V,

joined by Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice BRISTER, and Justice JOHNSON, and an opinion as to Part III.A and IV, joined by Chief Justice JEFFERSON, Justice BRISTER, and Justice JOHNSON.

Hallco Texas, Inc. contends McMullen County’s denial of a variance from an ordinance prohibiting the location of landfills within three miles of a water-supply reservoir effected an unconstitutional taking of property. We hold that Hallco’s claim is barred and thus affirm the court of appeals’ judgment.

I. Background

In January…