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CITY OF SHERMAN v. WAYNE

No. 05-06-00420-CV.

266 S.W.3d 34 (2008)

The CITY OF SHERMAN, Texas, and The Sherman City Council, Appellants, v. James WAYNE, Appellee.

Court of Appeals of Texas, Dallas.

August 18, 2008.

Attorney(s) appearing for the Case

Doreen E. McGookey, Office of the City Attorney, Sherman, TX, E. Allen Taylor, Jr., Fredrick Quast, Taylor, Olson, Adkins, Salla & Elam, L.L.P., Fort Worth, TX, for Appellants.

Luke Motley IV, Sanders, O'Hanlon & Motley, P.L.L.C., Sherman, TX, Bill W. Russell, P.C., Victoria, TX, for Appellee.

Before Justices MOSELEY, O'NEILL, and FRANCIS.

OPINION

Opinion By Justice MOSELEY.

In this regulatory takings case, we determine whether James Wayne's claims are ripe for adjudication and, if so, whether the evidence supports the trial court's judgment that application of the City of Sherman's residential zoning ordinance to Wayne's property deprived him of all economically viable use of the property. Wayne sued the City of Sherman and the Sherman City Council...

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