Texas Supreme Court· 6/17/2016

Harris County Flood Control District v. Kerr

Citations

499 S.W.3d 793
59 Tex. Sup. Ct. J. 1185
2016 Tex. LEXIS 501
2016 WL 3418246

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

explaining that the law of the case doctrine did not apply, where a subsequent appeal of the same case involved different parties and different facts
holding that “a specificity element runs through” Texas takings jurisprudence
stating that the Texas Supreme Court has “not held that the public-use element [of a constitutional takings claim] is met where the government does nothing more than approve plats or building permits for private development”
imposing liability when the government makes a “conscious decision to subject particular properties to inundation so that other properties [will] be spared.”
applying standard when county’s approval of “‘unmitigated’ upstream development, combined with a failure to fully implement [a previously approved flood-control plan],” ultimately caused flooding of plaintiffs’ homes
stating only affirmative conduct by governmental entity will support takings claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Boyd, Brown, Devine, Green, Guzman, Hecht, Johnson, Lehrmann, Willett

Read full opinion on CourtListener

Cited by

79 cases in this archive cite this case; the 20 most cited are listed.

Cites

44 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.