SMITH v. CITY OF BRENHAM, TEX.

No. 88-1526 Summary Calendar.

865 F.2d 662 (1989)

Albert J. SMITH, Jr., et ux., Julia C. Smith, Plaintiffs-Appellants, v. CITY OF BRENHAM, TEXAS, Defendant-Appellee, v. A.P. JOZWIAK, et ux., Pauline Jozwiak, et al., Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

February 15, 1989.


Attorney(s) appearing for the Case

Craig C. Cantey, Jr., Brenham, Tex., for A.J. Smith and J.C. Smith.

Carl E. Clover, Jr., Connor, Odom & Clover, Sealy, Tex., for A.P. Jozwiak, et al.

James R. Raup, McGinnis, Lochridge & Kilgore, Austin, Tex., for City of Brenham, Tex.

Before POLITZ, KING, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Appellants, property owners whose lands are located near the site of a proposed landfill to be operated by the City of Brenham, appeal the dismissal under rule 12(b)(6) of their action against the city alleging that they are the victims of an uncompensated taking, and seeking (1) damages for the diminished value of their land, (2) damages for their mental pain and suffering, and (3) an injunction against any further proceedings by the...

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