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Garrett Operators Inc. v. City of Houston

Garrett Operators holds a lease on land with a billboard. Garrett tried to obtain a permit to install LED lighting on the billboard, but was told by a manager of the Houston Sign Administration that, although the sign code didn't mention LED lighting, "we are likely to change the sign code." Garret attempted to install the lighting, but the manager issued a stop order on the work. On Dec. 5, 2008, Garret sued the city of Houston. On Dec. 10, the City of Houston enacted an ordinance that amended the Houston Sign Code to explicitly prohibit off-premise electronic signs. Garrett Operators cannot maintain a takings claim based on the argument that he has suffered a regulatory taking simply because he is not allowed to take a certain action without a permit. Because the trial court properly dismissed Garrett Operators' inverse condemnation claim for lack of subject-matter jurisdiction, the county court at law's jurisdiction could not be invoked over the remaining claims by being inherently intertwined with the inverse condemnation claim. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-09-00946-CV, 05-12-2011.

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OPINION

Appellants Garrett Operators, Inc. and George Thomas Cox appeal the trial court’s grant of appellee City of Houston’s plea to the jurisdiction on all of appellants’ claims and of the City of Houston’s objections to appellants’ discovery requests and deposition notice. In five issues, appellants argue the trial court erred by (1) dismissing Garrett Operators’ inverse condemnation claim; (2) dismissing Garrett Operators’ declaratory judgment action; (3) dismissing Garrett Operators’ and Cox’s section 1983 claims; (4) dismissing Garrett Operators’ and Cox’s due course of law claims; (5) quashing Garrett Operators’ deposition of the City; and (6) sustaining the City of Houston’s objections to 39 of Garrett Operators’ requests for production.

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