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CITY OF EL PASO v. MADERO DEVELOPMENT

No. 08-89-00322-CV.

803 S.W.2d 396 (1991)

CITY OF EL PASO, Texas, a Municipal Corporation and City Plan Commission, El Paso, Appellants, v. MADERO DEVELOPMENT and Construction Company, Inc., a Texas Corporation, and Chaparral Equity Corporation, a Texas Corporation, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled January 30, 1991.

Attorney(s) appearing for the Case

Eduardo Miranda, Asst. City Atty., El Paso, Robert H. Freilich, Terry D. Morgan, Freilich, Leitner, Carlisle & Shortlidge, Kansas City, Mo., for appellants.

Alejandro Acosta, Jr., John S. Birkelback, Ginnings, Birkelbach, Keith & Delgado, El Paso, for appellees.

Before OSBORN, C.J., and FULLER and WOODARD, JJ.

OPINION

WOODARD, Justice.

This is an appeal from a $871,200.00, plus interest, judgment against the City and its planning commission based upon inverse condemnation of property by rezoning. The jury established the amount of damages, and the trial court determined a "taking" as a matter of law. We reverse and render.

Point of Error No. One alleges the trial court erred in failing to apply the ripeness doctrine.

In September of 1980, the landowner...

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