· 3/8/2013
Kopplow Development, Inc. v. the City of San Antonio
Citations
- 399 S.W.3d 532
- 56 Tex. Sup. Ct. J. 354
- 2013 WL 854320
- 2013 Tex. LEXIS 178
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that because Texas is notice pleading jurisdiction, petition is sufficient if it gives fair and adequate notice of fact upon which claims are based
- recognizing that before trial, the trial court granted the city’s motion that Kopplow’s vested rights permit was not effective against subsequent floodplain ordinance per local government code section 245.004(9)
- purpose of notice pleading is to give opponent information sufficient to enable preparation of defense
- “One of the most important purposes of our government is to protect private property rights.”
- “The focus of Gragg is that the government’s negligent acts that result in an occasional flood do not benefit the public and cannot qualify as a taking.”
- “[A] petition is sufficient if it gives fair and adequate notice of the facts upon which the pleader bases his claim.” (quoting Roark v. Allen, 633 S.W.2d 804, 810 (Tex. 1982)
Source: CourtListener parenthetical corpus (CC0).
Judges: Guzman
Read full opinion on CourtListenerSourced 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.