Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

City of Houston v. HS Tejas, Ltd.

A case is not ripe when the determination of whether the plaintiff has a concrete injury depends on contingent or hypothetical facts, or upon events that have not yet come to pass. Houston's 1st Court of Appeals, No. 01-09-00393-CV, 10-22-2009.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

HS Tejas, Ltd. filed suit against the City of Houston, claiming that a 2006 amendment to the City’s Code of Ordinances regulating development in floodways was an unconstitutional taking of its property, which is located in the floodway. The ordinance at issue was amended again in 2008, prior to the original filing of this litigation, and HS Tejas does not complain of any injury after the effective date of the 2008 amendment. The City filed a plea to the jurisdiction asserting, among other things, that HS Tejas’s claim was not ripe and that the trial court lacked jurisdiction to hear the case. The trial court denied the City’s plea to the jurisdiction, and this interlocutory appeal followed.*fn1

Because HS Tejas has failed to allege a concrete injury as is necessary to establish subject-matter jurisdiction in this case, we reverse the trial court’s order denying the plea to the jurisdiction, and remand the cause for further proceedings.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Legalweek New York 2025
March 24, 2025 - March 27, 2025
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More
Go to Events Go to Webcasts
Labor Relations Associate and Junior Counsel

Description:NFSA has a great opportunity for a Labor Relations Associate and Junior Counsel. This position will support NFSA's collective ba...


Apply Now ›
PRODUCTS LIABILITY, MASS TORTS AND CONSUMER CLASS ACTION ATTORNEYS

McCarter & English, LLP is seeking litigation attorneys for our Newark, NJ offices. Candidates must have 3-6 years of law firm experien...


Apply Now ›
CORPORATE ATTORNEY

McCarter & English, LLP is actively seeking a corporate associate for its office located in Boston, MA. Candidate must have 2 - 5 years ...


Apply Now ›
Go to Lawjobs