Supreme Court of Texas

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City of Houston v. Trail Enter., Inc., 08-0413

In plaintiff's inverse condemnation case, the court of appeals erred by rendering a money judgment against the city on mineral interest owners' regulatory takings claims, and because the trial court never entered a final judgment on the jury verdict in favor of the plaintiff, the court of appeals' rendition of judgment prevents the city from properly challenging the judgment, the case is reversed and remanded so that the trial court may reach a final judgment and the parties may have an opportunity to challenge that judgment.

Appellate Information

  • Decided 10/30/2009
  • Published 10/30/2009




  • Supreme Court of Texas


  • For Appellant:
  • Frederick D. Junkin, J. Mark Breeding, Paul S. Radich, Andrews Kurth LLP, Denise Lastnick Miller, City of Houston Legal Dept., Houston, for Petitioner., Scott N. Houston, Austin, for Amicus Curiae.

  • For Appellees:
  • Philip E. McCleery, Peter K. Rusek, Sheehy, Lovelace & Mayfield, P.C., Rex D. Davis, Waco, Stephen E. McCleery, The McCleery Law Firm, Houston, for Respondents.
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