Legal Opinion

National Western Life Insurance Company v. Commodore Cove Improvement District

Court of Appeals for the Fifth Circuit

Decided June 7, 1982No. 81-2155PublishedCited by 8 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The owner of residential lots situated in a waterfront subdivision contends that a local regulation requiring property owners to install bulkheading on lots not already bulk-headed is (1) an unconstitutional exercise of the police power; (2) a taking of its property without just compensation; and (3) a denial of equal protection of the law. The district court held that these contentions are meritless. We agree and affirm its judgment dismissing the owner’s claims.

I

Hide-A-Way on the Gulf is a residential subdivision in Brazoria County, Texas, near the Gulf of…

2Cases cited25 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
  5. Nebbia v. New YorkSupreme Court of the United States · 1934

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3Cited by8 opinions

  1. Katherine Amen, Plaintiffs-Appellees-Cross-Appellants v. City of Dearborn, a Municipal Corporation, Defendants-Appellants-Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1983
  2. John Ed Price v. City of Junction, TexasCourt of Appeals for the Fifth Circuit · 1983
  3. Bowden Building Corp. v. Tennessee Real Estate CommissionCourt of Appeals of Tennessee · 1999
  4. SWEPI, LP v. Mora CountyDistrict Court, D. New Mexico · 2015
  5. McDonald v. Board of Mississippi Levee CommissionersDistrict Court, N.D. Mississippi · 1986

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