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City of Carrollton v. HEB Parkway South, Ltd.

In two issues, the city argues that the trial court erred by denying its plea to the jurisdiction on appellees' regulatory takings claims and on appellees' physical takings claim. Because appellees' regulatory takings claims are unripe and appellees did not raise a physical takings claim, the trial court's order is reversed. Fort Worth Court of Appeals, No. 2-09-179-CV, 06-21-2010

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OPINION

This appeal arises from the trial court’s denial of the plea to the jurisdiction filed by the City of Carrollton (“the City”) on takings claims brought by HEB Parkway South, Ltd. and HEB/Medical Parkway, Ltd. (collectively, “HEB”). In two issues, the City argues that the trial court erred by denying its plea to the jurisdiction on HEB’s regulatory takings claims and on HEB’s physical takings claim. Because we hold that HEB’s regulatory takings claims are unripe and that HEB did not raise a physical takings claim, we reverse the trial court’s order and render judgment dismissing HEB’s takings claims.

I. Facts and Procedural History

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