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City of Argyle, Texas v. Pierce

Because the sign companies have not stated a valid inverse condemnation claim, governmental immunity applies, and the trial court should have granted the city's plea to the jurisdiction on the inverse condemnation claim. Fort Worth Court of Appeals, No. 2-07-255-CV

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OPINION

I. Introduction

This is the case of “Where’s the sign?” In four issues, Appellant City of Argyle (“the City”) appeals the denial of its plea to the jurisdiction and asserts that (1) David Pierce (“Pierce”) and Clear Channel Outdoor, Inc. (“Clear Channel”) (collectively, “the Signers”) have no standing to bring constitutional property claims because they have no vested property rights; (2) if Pierce and Clear Channel had standing, their inverse condemnation claim is invalid and would not defeat sovereign immunity; (3) a civil court lacks jurisdiction over claims in equity that challenge a penal ordinance; and (4) the City cannot be estopped from enforcing its sign ordinance. Because we hold that the City has successfully challenged the trial court’s jurisdiction over some, but not all, of the Signers’ claims, we reverse and render in part and affirm in part.

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