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· 5/27/1998

Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-Cross-Appellee

Citations

  • 138 F.3d 1036

How courts have described this case

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

  • affirming dismissal of apartment complex’s takings claim for lack of jurisdiction where plaintiff’s“failure to follow through with any formal process of appeal” constituted a lack of finality
  • affirming dismissal of apartment complex’s takings claim for lack of jurisdiction where plaintiff’ s“failure to follow through with any formal process of appeal” constituted a lack of finality
  • quoting Dawsey v. Olin Corp., 782 F.2d 1254, 1261 (5th Cir. 1986)
  • upholding the trial court’s refusal to allow a witness to give expert testimony on the value of land when the witness was not a licensed appraiser or real estate broker and was unfamiliar with standard appraisal methods
  • instructing courts to distinguish between procedural due process claims that involve allegations of deprivations “ancillary” to or “arising from” a takings claim from those claims “whose main thrust . . . is not a claim for a taking.”
  • “Under this analysis, the hallmark of property ... is an individual entitlement grounded in state law, which cannot be removed except for cause.” (internal quotation marks and citations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Garza

Read full opinion on CourtListener

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.