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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.

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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.

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