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Patel v. City of Everman

A property owner argues that the court of appeals wrongly concluded that collateral estoppel precludes his takings claim. A party asserting a taking based on an allegedly improper administrative nuisance determination must appeal that determination and assert his takings claim in that proceeding. By nonsuiting the administrative nuisance determination, the property owner precludes a collateral attack. The court of appeals' decision is affirmed. Texas Supreme Court, No. 09-0506, 01-27-2012.

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A property owner appealed an administrative determination that his property was a nuisance, and he also asserted a takings claim. He then nonsuited the case. He later filed this suit, again alleging that the government illegally took his property. Because he is collaterally estopped from doing so, we affirm the court of appeals’ judgment.

Jayanti Patel owned twenty buildings in the City of Everman. The City notified Patel that it intended to demolish fifteen of his buildings because they were substandard. After a hearing, the City Council adopted the Planning and Zoning Commission’s recommendation that the buildings be demolished.

Patel sued to enjoin the demolition, and the trial court signed an agreed order requiring him to bring all fifteen buildings into compliance with the City’s code. Patel did not honor his commitment, and the City again notified him that his buildings were substandard. The City held

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