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State v. Hearts Bluff Game Ranch, Inc.

Appellee?s pleadings negate the existence of a valid regulatory-taking claim against appellants; therefore, it has not pleaded a cause of action for which sovereign immunity has been waived. Because sovereign immunity has not been waived, the trial court lacked subject-matter jurisdiction. Austin Court of Appeals, No. 03-09-00598-CV, 05-14-2010

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OPINION

Appellee Hearts Bluff Game Ranch, Inc. (“Hearts Bluff”) sued appellants the State of Texas and the Texas Water Development Board (“the Board”) (collectively, “the State Defendants”) alleging a regulatory taking. The State Defendants filed a plea to the jurisdiction, which the trial court denied. On appeal, the State Defendants argue that the jurisdictional facts pleaded by Hearts Bluff do not allege a valid regulatory taking and, consequently, that Hearts Bluff has not pleaded a claim for which sovereign immunity has been waived. We will reverse the trial court’s order and dismiss the cause for lack of subject-matter jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

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