Supreme Court of Texas
State of Texas v. Brownlow, 08-0551
In property owners' suit against the state for inverse condemnation for removing dirt from their property after obtaining an easement to construct a mitigation pond on the property to collect water that would result from a highway expansion project, the court of appeals' reversal of trial court's dismissal of the suit is affirmed as the easement did not grant the state the right to use the excavated dirt for highway construction, plaintiffs' suit states a takings claim under the Texas Constitution, and the state does not have sovereign immunity from the suit.
Appellate Information
- Argued 12/16/2009
- Decided 08/27/2010
- Published 08/27/2010
Judges
- JOHNSON
Court
- Supreme Court of Texas