Taub v. City of Deer Park

in which PHILLIPS, Chief Justice, HIGHTOWER, HECHT, DOGGETT, CORNYN, GAMMAGE and ENOCH, Justices, join.

This case presents two issues involving rights of land ownership: first, whether a city’s refusal to rezone property amounts to an unconstitutional taking; and second, whether a landowner is entitled to recover for damages to the remainder of property when the portion taken divides the remainder tract in half. The court of appeals approved the trial court’s ruling, which upheld the refusal to rezone and awarded no remainder damages in the condemnation. 1994 WL 394095.1 We affirm the court of…