Supreme Court of Texas

In an action claiming that a 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, adverse judgment against plaintiff is affirmed where its claims were barred by res judicata.

Appellate Information

• Argued 01/04/2005
• Decided 12/29/2006
• Published 12/29/2006

Judges

• Justice O'NEILL 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.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Lynn E. Blais, University of Texas School of Law, R. James George Jr., George & Brothers, L.L.P. and Max Renea Hicks, Law Office of Max Renea Hicks, Austin, TX, for Petitioner.


• For Appellees:
  
• Portia Bosse and James P. Allison, Allison Bass & Associates, L.L.P., Austin, for Respondent.